Fraud, Breach of Express Warranty Claims to Proceed in Ohio Ethicon Pelvic Mesh Action

CLEVELAND — An Ohio federal judge has awarded Ethicon and Johnson & Johnson summary judgment in a pelvic mesh action on several of the plaintiffs’ claims, including those for strict liability and negligent infliction of emotional distress, ruling they are abrogated by the state’s product liability act.

However, in a March 19 order, Judge Christopher Boyko of the U.S. District Court for the Northern District of Ohio allowed the claim of breach of express warranty to proceed, to the extent it is based upon violations of the state’s Uniform Commercial Code. The fraud claims may also go forward insofar as …