STORY FROM: Drugs & Medical Devices
N.Y. Federal Judge Dismisses Parietex Hernia Mesh Case as Insufficiently Pled
April 5, 2019
NEW YORK — A New York federal judge has dismissed a Parietex hernia mesh case, ruling that while the plaintiff adequately identified an alleged defect in the product, he failed to point to a feasible alternative design, therefore his design defect claim fails.
On March 29, Judge Laura Swain of the U.S. District Court for the Southern District of New York further found the plaintiff did not identify a mishap in the manufacturing process that rendered the mesh defective, or present evidence that the mesh did not perform as intended.
Further, the complaint did not identify how Covidien’s warnings ...
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