STORY FROM: Drugs & Medical Devices

Strict Liability, Negligence Claims to Proceed in Covidien Hernia Mesh Case

NEW YORK — A New York federal judge has allowed strict liability design defect and failure to warn claims to proceed against Covidien in a lawsuit targeting its hernia mesh products, finding they were adequately pled in the plaintiffs’ amended complaint.

In a Nov. 27 order, Judge Louis Stanton of the U.S. District Court for the Southern District of New York further found that the plaintiffs adequately pled their amended claims for negligent misrepresentation and breach of implied warranty.

Kenneth Dunham and his wife sued Covidien LP, alleging Kenneth sustained injuries after being implanted with Covidien’s Progrip and Parietex hernia ...

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