Negligence, Strict Liability, Warning Claims to Proceed in Fla. Federal Hernia Mesh Action

MIAMI — A Florida federal judge has allowed claims of negligence, strict liability and failure to warn to proceed in a Bard CK Hernia Patch action, finding the plaintiff adequately pled that defects in the device caused her injuries and that her surgeon was inadequately warned of those defects.

However, in the May 31 order, Judge Robin L. Rosenberg of the U.S. District Court for the Southern District of Florida dismissed the claims of emotional distress, breach of warranty, and fraud, ruling they are not supported by Florida law and inadequately pled.

Jean Ripple alleges she sustained injuries as a …