Design Defect Claim Should Proceed in Bard Pelvic Mesh Case, Texas Judge Says

AUSTIN, Texas — A Texas federal magistrate judge has recommended that a design defect claim be permitted to proceed in a Bard pelvic mesh action, finding the plaintiffs have provided sufficient evidence of causation and the existence of a safer alternative design.

However, in the Feb. 14 report and recommendation, Magistrate Judge Susan Hightower said the negligence claim should be dismissed because plaintiffs did not adduce any evidence to support their claims that Bard breached the applicable standard of care in the manner it inspected, marketed, packaged, or sold the device.

Texas resident Donna Chrastecky alleges she suffered serious …