STORY FROM: Drugs & Medical Devices

Mich. Federal Judge Dismisses Medtronic Hernia Mesh Patch Action

DETROIT — A Michigan federal judge has dismissed a negligent design claim in a mesh hernia repair patch action, ruling that the plaintiff failed to plead the availability of “a feasible alternative production practice” that would have prevented her injuries without impairing the usefulness of the device.

In a March 26 order, Judge Stephen J. Murphy III of the U.S. District Court for the Eastern District of Michigan held that simply pointing to different products does not fulfill the feasible alternative production practice requirement.

In addition, the judge dismissed the negligent manufacture and breach of implied warranty claims, ruling that ...

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