Pa. Federal Judge Refuses to Dismiss Fraudulent Misrepresentation, Express Warranty Claims in Mesh Case

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss breach of express warranty and fraudulent misrepresentation claims brought against Ethicon Inc. and Johnson & Johnson in connection with their Prolene TM soft mesh, ruling they state a cause of action under state law.

However, in the July 9 order, Judge Jan E. DuBois of the U.S. District Court for the Eastern District of Pennsylvania dismissed plaintiff’s strict liability claims, noting Pennsylvania law does not recognize strict liability claims against device makers based on design defect or a failure to warn.

Ramona Shelley alleges she was injured by the Ethicon …