Ethicon Denied Summary Judgment on Warning Claims in Gynecare Obturator Mesh Case

CHARLESTON, W. Va. — A West Virginia federal judge has denied Ethicon Inc. and Johnson & Johnson’s motion for summary judgment on failure-to-warn claims brought in a transvaginal mesh case, finding issues of fact as to whether the warnings concerning the device’s risks were adequate.

However, in the July 8 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia awarded the manufacturers summary judgment on plaintiffs’ fraud-based and warranty claims, finding they are barred by the Illinois learned intermediary doctrine.

The judge also declined to award defendants summary judgment on claims alleging …