4th Cir. Upholds Directed Verdict for Ethicon in Transvaginal Mesh Bellwether Case

RICHMOND, Va. — A federal appeals court has upheld a directed verdict for Ethicon on a design defect claim in a transvaginal mesh bellwether case, finding the plaintiff failed to present expert testimony establishing a causal link between alleged defects in her TVT mesh device and her injuries.

In the March 2 opinion, the 4th Circuit U.S. Court of Appeals further ruled that the trial court properly awarded Ethicon summary judgment on the plaintiff’s failure-to-warn claim, ruling that the learned intermediary doctrine defeated the claim.

In 2009, urogynecologist Muriel Boreham diagnosed Texas resident Carolyn Lewis with stress urinary incontinence (SUI) …