Emotional Distress, Breach of Warranty Claims Dismissed in Ethicon Pelvic Mesh Case

LEXINGTON, Ky. — A Kentucky federal judge has dismissed a claim for negligent infliction of emotional distress asserted in an Ethicon pelvic mesh device action, explaining that the plaintiff failed to explain how defendants’ actions caused her to suffer “physical injury and emotional distress, disability, impairment, and loss of enjoyment of life.”

In an Oct. 18 order, Chief Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky further ruled that the plaintiff’s consumer protection act claim is time-barred and that her breach of warranty claims fail because she did not purchase the device directly …