Ethicon, J&J Denied Summary Judgment in Part in Texas Federal Pelvic Mesh Action

DALLAS — A Texas federal judge has denied Ethicon Inc. and Johnson & Johnson summary judgment on breach of warranty, constructive fraud, and unjust enrichment claims in a pelvic mesh case, ruling that questions of fact exist as to the viability of each claim.

However, in the Dec. 31 order, Judge David C. Godbey of the U.S. District Court for the Northern District of Texas awarded defendants summary judgment on the claims for manufacturing defect, strict liability-defective product, and fraudulent concealment.

Susan Famigletti and her husband sued Ethicon and Johnson & Johnson, alleging injuries caused by defendants’ TVT-Oturator (TVT-O) pelvic …