Fraud, Negligent Misrepresentation Claims to Proceed in Wis. Federal Pelvic Mesh Case

MADISON, Wis. — A Wisconsin federal judge has denied defendants’ motion for summary judgment on fraud and negligent misrepresentation claims in an Ethicon pelvic mesh action, rejecting their argument that the claims are duplicative of the plaintiffs’ failure-to-warn claims.

However, in a March 11 order, Judge Lynn Adelman of the U.S. District Court for the Eastern District of Wisconsin dismissed the plaintiffs’ loss of consortium claim, finding they presented no evidence of a loss of “intangibles,” such as love, affection or solace.

Kathleen Krause was implanted with Ethicon’s transvaginal polypropylene mesh device (TVT) in 2004 to treat stress urinary incontinence. …