Design Defect, Warning Claims to Proceed in Bellwether Bard Hernia Mesh Action

COLUMBUS, Ohio — An Ohio federal judge has denied defendants’ motion for summary judgment on design defect and failure-to-warn claims in the first bellwether Bard hernia mesh case set for trial, finding the plaintiff presented evidence of a feasible alternative design, and adequately alleged that his surgeon was not sufficiently warned of the device’s risks.

In a Sept. 1 order, Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio also allowed the breach of warranty, negligent misrepresentation and punitive damages claims to proceed to trial.

The Food and Drug Administration cleared the Ventralight ST …