Judge Refuses to Reconsider Grant of Summary Judgment to Ethicon on Failure-To-Warn Claim in Pelvic Mesh Case

CHARLESTON, W. Va. — A West Virginia federal judge has denied plaintiffs’ motion to reconsider his grant of summary judgment to Ethicon Inc. on their failure-to-warn claim in a pelvic mesh device case, explaining that a different warning would not have changed the treating doctor’s decision to prescribe the device.

On Feb. 3, Judge Joseph R. Goodwin of the U.S. District Court for the District of West Virginia also refused to reconsider his exclusion of testimony related to inadequate warnings, finding it is not relevant to plaintiffs’ design defect claim.

Carolyn Lewis and her husband sued Ethicon in July 2012, …