STORY FROM: Drugs & Medical Devices

Negligent Manufacturing, Failure-To-Warn Claims Dismissed in Ga. Pelvic Mesh Case

ATLANTA — A Georgia federal judge has awarded Ethicon and Johnson & Johnson summary judgment on negligent manufacturing and failure to warn claims in a pelvic mesh action, finding a lack of evidence as to how the device deviated from its design or how a different warning would have changed their surgeon’s decision to implant the product.

In a Feb. 11 order, Judge Thomas Thrash Jr. of the U.S. District Court for the Northern District of Georgia also consolidated the negligent design defect and strict liability design defect, noting they will require the same risk utility analysis.

Sue Ellen May ...

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Harman Law Firm
Kline & Specter

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