Negligence Claims to Proceed Against Ethicon, J&J in N.H. Federal Pelvic Mesh Case

CONCORD, N.H. — A New Hampshire federal judge has denied Ethicon’s motion to dismiss negligence-based claims in a pelvic mesh action, rejecting its argument that they are barred because they arise out of the same set of facts as her strict product liability claims.

On June 24, Judge Landya McCafferty of the U.S. District Court for the District of New Hampshire held that state law does not restrict the theories under which product liability actions may be brought, nor does it bar duplicative theories.

In June 2010, Ann Pigulski was implanted with a Gynecare TVT Retropubic System Tension-Free …