STORY FROM: Drugs & Medical Devices
11th Cir. Reinstates Mentor ObTape Vaginal Mesh Action, Says Claims May be Timely
August 30, 2018
ATLANTA — A federal appeals court has reinstated an action involving Mentor Worldwide LLC’s ObTape vaginal mesh, ruling there is a question of fact as to whether the plaintiff’s claim had accrued by February 2006 when the plaintiff’s device was removed.
In an Aug. 28 opinion, the 11th Circuit U.S. Court of Appeals explained that the plaintiff’s symptoms were not “sufficiently distinct from what might be expected” after her implantation surgery to put her on notice of her claims as a matter of law.
Florida resident Patricia Perryman was surgically implanted with the ObTape device to treat her pelvic organ ...