STORY FROM: Drugs & Medical Devices
Fraud Claims to Proceed in Fla. Federal Bard Composix Kugel Hernia Patch Case
December 19, 2017
TAMPA, Fla. — A Florida federal judge has allowed fraud claims to proceed against Davol Inc. and C.R. Bard Inc. in a Composix Kugel Hernia Patch action, in which the defendants are accused of misrepresenting that the patch was safe for its intended use, despite being aware that it was defectively designed.
In the Dec. 15 order, Judge Virginia Covington of the U.S. District Court for the Middle District of Florida further held that the issue of whether the claims are barred by the learned intermediary doctrine cannot be decided at the summary judgment stage because it is fact-intensive.
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