Majority of Claims Survive Dismissal Motion in Federal C-QUR Hernia Patch Case

CONCORD, N.H. — A New Hampshire federal judge has allowed claims of negligence, strict liability and breach of express warranty to proceed in a C-QUR Mesh hernia repair patch case, ruling there is a question of fact as to whether they are timely.

However, in the Aug. 13 order, Judge Landya McCafferty of the U.S. District Court for the District of New Hampshire dismissed the breach of implied warranty claim, ruling it is time-barred under the state’s four-year statute of limitations.

In December 2016, the Judicial Panel on Multidistrict Litigation created a multidistrict litigation docket in the District of New …