Negligence Claim to Proceed in N.Y. Federal Ethicon Pelvic Mesh Case

UTICA, N.Y. — A New York federal judge has allowed a negligence claim to proceed in an Ethicon pelvic mesh case, ruling that the plaintiff adequately pled foreseeability by alleging that that defendants underreported and withheld injury rates from physicians and the FDA.

However, in the March 16 order, Judge David N. Hurd of the U.S. District Court for the Northern District of New York dismissed without prejudice the plaintiffs’ claims of strict liability, negligence, negligent misrepresentation, negligent infliction of emotional distress, breach of express and implied warranties, breach of New York's consumer protection laws and unjust enrichment. He found …