Ky. Federal Judge Dismisses Warranty, Fraud, Emotional Distress Claims in Transvaginal Mesh Case

LEXINGTON, Ky. — A Kentucky federal judge has granted CL Medical Inc.’s motion to dismiss claims of breach of warranty, fraud, negligent misrepresentation and negligent infliction of emotional distress in a transvaginal mesh case, deeming them insufficiently pled.

On March 2, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky found the plaintiffs lack privity with CL Medical and failed to specify the time, nature, and place of the defendant’s alleged omissions.

Mary Gaunce was implanted with a CL Medical I-STOP mid-urethral sling to treat her stress urinary incontinence. I-STOP is a sterile, single …