Manufacturing Defect, Misrepresentation Claims to Proceed in Mentor ObTape Action

COLUMBUS, Ga. — A Georgia federal judge has denied Mentor Corp.’s motion for summary judgment on claims of manufacturing defect, misrepresentation and concealment in an ObTape Transobturator Tape case, ruling that the plaintiff has established questions of fact as to these issues.

However, in the July 17 order, Judge Clay Land of the U.S. District Court for the Middle District of Georgia dismissed the plaintiff’s claim of continuing duty to warn, noting that Mentor only had a duty to warn the plaintiff’s implanting surgeons, not all of her doctors.

Beryl Cole, a Georgia resident, was diagnosed with stress urinary incontinence …