Oregon Law Should Govern Hernia Patch Case, R.I. Federal Judge Rules

PROVIDENCE, R.I. — Oregon law should be applied to a hernia mesh patch injury case because the surgery and subsequent removal occurred in Oregon, therefore that state bears the most significant relationship to the case, a Rhode Island federal judge has ruled. Ellington v. Davol Inc., et al., No. 007-470 (D. R.I.).

On June 5, Chief Judge Mary M Lisi of the U.S. District Court for the District of Rhode Island noted that the place of injury is the most decisive factor in Rhode Island’s choice-of-law analysis.

While living in Arizona, Terry Ellington underwent hernia repair surgery and received a …