STORY FROM: Drugs & Medical Devices

Pa. Appellate Court Refuses to Overturn Reinstatement of Ethicon Pelvic Mesh Case

PHILADELPHIA — A Pennsylvania appellate court has upheld a trial court’s reinstatement of an Ethicon pelvic mesh case, rejecting the company’s argument that the plaintiff waived her inconsistent verdict challenge on appeal.

In an April 15 opinion, the Pennsylvania Superior Court explained that the plaintiff was not required to object before the jury was discharged in order to preserve her weight of the evidence claim, because the claim cannot be resolved by the jury.

The intermediate court further affirmed that the jury’s finding that the device did not cause any injury to the plaintiff was against the weight of the ...

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