STORY FROM: Drugs & Medical Devices

Hernia Mesh Case Timely Under R.I. Law, State Judge Says

PROVIDENCE, R.I. — A hernia mesh action filed against Davol Inc. and C.R. Bard Inc. is timely under Rhode Island law, a judge has held, rejecting defendants’ argument that the Ohio statute of repose bars the plaintiffs’ claims.

In a Jan. 3 order, Judge Alice Gibney of the Rhode Island Superior Court ruled that Rhode Island has a more significant interest in the case, and under the law of that state, Ohio’s statute of repose is unconstitutional.

Ohio resident Michael Nourse was implanted with a 3DMax Mesh on Sept. 15, 2005, to repair a bilateral inguinal hernia. The device ...

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