STORY FROM: Drugs & Medical Devices

Majority of Claims Dismissed in Ky. Federal Ethicon Prolift Pelvic Mesh Case

LEXINGTON, Ky. — A Kentucky federal judge has trimmed claims of negligence, strict liability, gross negligence and loss of consortium from an Ethicon Prolift pelvic mesh action, ruling they are time-barred because the plaintiffs were on notice of their claims more than a year before they were filed.

On Jan. 9, Chief Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky also dismissed the breach of warranty claims for lack of privity, and the claims for common law fraud, constructive fraud, and negligent misrepresentation for lack of an affirmative misrepresentation.

However, the judge allowed ...

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