Hernia Device Complaint Meets Twombly, Iqbal Standards, Judge Rules

BATON ROUGE, La. - A plaintiff who claims she was injured by an allegedly defective hernia mesh patch sufficiently pleaded that her damages were proximately caused by the device and arose from a "reasonably anticipated use of the product," a Louisiana federal judge has concluded in adopting a magistrate judge's findings. Winslow v. W.L. Gore & Associates Inc., No. 10-116 (W.D. La.).

On March 11, Judge Dee D. Drell of the U.S. District Court for the Western District of Louisiana agreed with Magistrate Judge James D. Kirk's determination that the complaint contained the requisite factual detail as required by Bell …