STORY FROM: Drugs & Medical Devices

N.J. Federal Judge Refuses to Sever Healthcare Defendants from Transvaginal Mesh Case

CAMDEN, N.J. — A New Jersey federal judge has refused to sever healthcare defendants from a Boston Scientific Corp. transvaginal mesh action, ruling that discovery should proceed on the question of whether the learned intermediary doctrine connects the product liability and medical malpractice claims.

In a March 18 order, Judge Robert Kugler of the U.S. District Court for the District of New Jersey explained that the plaintiff’s damages arise from issues of fact and law that are common to both sets of defendants, which focus on resolution of the liability for failure to warn, the judge explained.

The judge ...

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Kline & Specter
Shook Hardy & Bacon

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