Product Liability Claims to Proceed Against Davol, Bard in Davol Dulex Hernia Mesh Case

KNOXVILLE, Tenn. — There is a question of fact as to whether product liability claims in a Davol Dulex hernia mesh case are time-barred, a Tennessee federal judge has ruled, because it is unclear whether the plaintiff knew of the defendants’ alleged wrongful conduct within a year of the device’s removal.

However, in the Sept. 12 order, Judge Pamela Reeves of the U.S. District Court for the Eastern District of Tennessee found the plaintiff’s breach of warranty claim is time-barred because it was not filed within the applicable four-year limitations period.

On June 13, 2008, Martha Karen Jones underwent …