Comment k Defeats Strict Liability Claims in Hernia Mesh Case, Pa. Federal Judge Rules

PHILADELPHIA — A Pennsylvania federal judge has dismissed strict liability claims asserted in a hernia mesh case, finding they are defeated by comment k, which shields manufacturers selling products "in a defective condition unreasonably dangerous to the user or consumer.”

In a June 3 order, Judge Stewart Dalzell of the U.S. District Court for the Eastern District of Pennsylvania noted that numerous federal courts have predicted that the Pennsylvania Supreme Court will extend comment k to medical devices.

However, the judge allowed the plaintiff’s claims of negligent manufacture, design and failure to warn, ruling they are adequately pled.

In October …