Prolene-Related Claims in Ethicon Transvaginal Mesh Case Not Preempted, MDL Judge Rules

CHARLESTON, W. Va. — Claims alleging that Ethicon Inc.’s use of Prolene in mesh resulted in degradation of its Gynecare TVT Obturator transvaginal mesh device are not federally preempted because the Food and Drug Administration did not categorically approve Prolene filament for use in medical devices, a West Virginia federal judge has ruled.

In a July 8 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia denied Ethicon’s motion for summary judgment on plaintiffs’ claims of manufacturing defect, breach of express warranty, breach of implied warranty, Georgia's consumer protection statutes, and unjust …