Failure-To-Warn, Redhibition Claims to Proceed in La. Federal Hernia Mesh Action

NEW ORLEANS — A Louisiana federal judge has allowed failure-to-warn claims to proceed in a multi-layered hernia mesh action, after finding the plaintiff adequately alleged that C.R. Bard Inc.’s warnings did not fully disclose the “duration, frequency, or severity” of the risks.

However, in the April 17 order, Judge Ivan L.R. Lemelle of the U.S. District Court for the Eastern District of Louisiana dismissed the plaintiff’s design defect and breach of implied warranty claims as inadequately pled. The judge also dismissed the negligence and breach of implied warranty claims as subsumed by the LPLA.

Bruce Baptist underwent surgery on Nov. …