STORY FROM: Drugs & Medical Devices

Pa. Federal Judge Allows Strict Liability Claims to Proceed in Pelvic Mesh Case

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss strict liability claims against Coloplast Corp. in a pelvic mesh case, finding a lack of evidence that the state supreme court would extend comment k immunity to medical devices.

However, in the Jan. 17 order, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania dismissed the plaintiffs’ fraud claims without prejudice, finding they were not pled with the specificity required by Federal Rule of Civil Procedure 9(b).

Following implantation of Coloplast’s pelvic mesh product, Crystal Gross experienced pain and injuries, and underwent multiple surgeries ...

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Morgan Lewis & Bockius
Rieders Travis Humphrey Waters & Dohemann

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