5th Cir. Upholds Summary Judgment for Vaginal Mesh Makers

NEW ORLEANS — A federal appeals court has upheld a grant of summary judgment to two vaginal surgical mesh manufacturers, ruling that the plaintiff’s surgeon was aware of the risk of erosion when he used the product and that a different warning would not have changed his course of treatment. Smith v. Johnson & Johnson Inc., et al., No. 11-60624 (5th Cir.).

On Aug. 2, the 5th Circuit U.S. Court of Appeals further ruled that the trial court did not abuse its discretion in striking certain expert testimony from plaintiffs’ opposition to the motion for summary judgment.

In 2001, …