Design Defect, Fraud Claims to Proceed in Wis. Bard Transvaginal Mesh Case

GREEN BAY, Wis. — A Wisconsin federal judge has refused to dismiss a lawsuit focusing on C.R. Bard’s Align-S transvaginal mesh device as time-barred, finding questions as to whether the plaintiffs were aware in 2015 that the device may have contributed to their injuries.

However, in an April 16 order, the U.S. District Court for the Eastern District of Wisconsin judge dismissed the claims of manufacturing defect, failure to warn and negligent misrepresentation, ruling they are inadequately pled and barred by the learned intermediary doctrine. The judge allowed the claims of design defect, fraudulent concealment, and negligent infliction of emotional …