STORY FROM: Drugs & Medical Devices

Fla. Federal Judge Denies Plaintiffs’ Bid to Strike Affirmative Defenses in Hernia Patch Case

TAMPA, Fla. — A Florida federal judge has refused to strike affirmative defenses asserted by Davol Inc. and C.R. Bard Inc. in a hernia repair patch case, ruling that general pleading requirements are not applicable to such defenses.

On March 27, Judge Virginia Hernandez Covington of the U.S. District Court for the Middle District of Florida explained that while Federal Rule of Civil Procedure Rule 8(a)(2) requires plaintiffs to include “a short and plain statement” of their claim showing they are entitled to relief, Rules 8(b) and 8(c) only require defendants to state their defenses.

Barbara Hamblen was implanted with ...

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