STORY FROM: Drugs & Medical Devices

Pa. Federal Judge Rejects Successor Liability Theory in Pelvic Mesh Case

PHILADELPHIA — A Pennsylvania federal judge has dismissed claims asserted against Endo Pharmaceuticals Inc. in a pelvic mesh device action, ruling that the company cannot be held liable for an allegedly defective device made by its wholly-owned subsidiary, American Medical Systems.

In an April 29 order, Judge Mark Kearney of the U.S. District Court for the Eastern District of Pennsylvania rejected the plaintiffs’ successor liability theory, ruling that Endo is not liable merely because it purchased AMS and now holds AMS as a wholly-owned subsidiary.

The judge also dismissed the plaintiff’s strict liability claims against AMS as barred by ...

Associated Law Firms
Kline & Specter
Reed Smith

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