Ethicon Denied Summary Judgment on Design Defect Claims in Pelvic Mesh Case

BALTIMORE — A Maryland federal judge has denied Ethicon Inc.’s motion for summary judgment in a transvaginal mesh case, finding the plaintiff’s design defect claims pass the risk-utility test because there is evidence of a feasible alternative design.

In a July 10 order, Judge Stephanie Gallagher of the U.S. District Court for the District of Maryland said the plaintiff’s expert testimony raised a question of fact whether alternative, safer mesh designs were available to defendants that would not sacrifice utility.

Regina Thompson underwent implantation of an Ethicon’s TVT Prolene Mesh on Feb. 10, 2005, to treat pelvic organ prolapse …