Design Defect, Failure-To-Warn Claims to Proceed in Ky. Atrium ProLite Hernia Mesh Case

OWENSBORO, Ky. — A Kentucky federal judge has allowed amendment of design defect and failure-to-warn claims in an Atrium ProLite hernia mesh case, ruling that the plaintiff adequately alleges that the device’s design led to contracture and migration, and that his doctor was not sufficiently warned of the risks.

However, in the Oct. 15 order, Chief Judge Joseph H. McKinley Jr. held that amendment of the negligent manufacture, strict products liability manufacturing defect, negligence per se, breach of implied and express warranty, and negligent misrepresentation claims would be futile.

Joseph J. Sims suffered a bilateral inguinal hernia in his …