Product Liability, Warranty Claims to Proceed in C-QUR Bellwether Case

CONCORD, N.H. — A New Hampshire federal judge has allowed product liability and breach of express warranty claims to proceed against the makers of C-QUR hernia repair mesh in a bellwether action, ruling it is unclear at this stage of the case whether they are time-barred.

However, in the Aug. 28 order, Judge Landya McCafferty of the U.S. District Court for the District of New Hampshire dismissed the plaintiff’s breach of implied warranty claim as untimely, explaining the discovery rule does not toll the limitations period for such claims.

Juanita Hickinbottom underwent a laparoscopic procedure to repair a hernia on …