Nevada Would Adopt Learned Intermediary Doctrine, Federal Judge Predicts

RENO, Nev. — In addressing defendants’ motion for summary judgment in an Ethicon pelvic mesh action, a Nevada federal judge has predicted the state supreme court would apply the learned intermediary doctrine in product liability failure-to-warn cases.

In an April 17 order, Judge Andrew P. Gordon then denied defendants’ motion, finding there are questions of fact as to whether the plaintiff’s surgeon was provided with adequate warnings, and whether he would have used the Ethicon device had he been presented with different warnings.

Barbara Heinrich alleges she sustained injuries after being implanted with Ethicon’s TVT-SECUR device. She and her husband …