RICO, Breach of Warranty Claims to Proceed in Counterfeit Surgical Mesh Case

CHARLESTON, S.C. - A South Carolina federal judge has allowed federal Racketeer Influenced and Corrupt Organization Act claims to proceed against the sellers of allegedly counterfeit surgical mesh, ruling that the plaintiff sufficiently pleaded two or more instances of trafficking in counterfeit goods. Jones v. Ram Medical Inc., et al., No. 10-2974 (D. S.C.).

On Aug. 8, Judge Terry L. Wooten of the U.S. District Court for the District of South Carolina also refused to dismiss the claims of breach of warranty and violation of the South Carolina Unfair Trade Practices Act, finding they were pleaded with the requisite particularity.