STORY FROM: Drugs & Medical Devices
Judge Allows Strict Liability Claims to Proceed in Pa. Federal Pelvic Mesh Action
December 12, 2019
HARRISBURG — A Pennsylvania federal judge has allowed strict liability claims to go forward against Coloplast Corp. in a pelvic mesh case, predicting that the state high court would recognize such claims against medical device manufacturers.
In a Dec. 2 order, Judge Kim R. Gibson of the U.S. District Court for the Western District of Pennsylvania held that “in the absence of a shield of strict liability immunity granted by the Pennsylvania Supreme Court or Pennsylvania General Assembly,” she must apply the general rule that no product is immune from strict liability.
The judge also found the plaintiffs’ claims of ...