N.J. Panel Upholds Award of Summary Judgment to J&J, Ethicon in Hernia Mesh Case

TRENTON, N.J. — A New Jersey appellate panel has upheld an award of summary judgment to Johnson & Johnson and Ethicon Inc. in a hernia repair mesh action, finding the plaintiffs failed to prove that defendants manufactured the product at issue.

In a March 6 opinion, the New Jersey Appellate Division panel rejected plaintiffs’ argument that their action should proceed on a “market share theory” of liability, finding no evidence that all polypropylene mesh products are essentially the same.

California residents Deborah Kline and her husband allege that a polypropylene hernia repair mesh implanted in Kline caused significant medical …