Fraudulent Concealment, Unjust Enrichment Claims Proceed in Ky. Federal Ethicon Pelvic Mesh Case

LEXINGTON, Ky. — A Kentucky federal judge has denied Ethicon and Johnson & Johnson partial summary judgment on fraudulent concealment and unjust enrichment claims in a pelvic mesh action, and addressed the parties’ outstanding expert testimony motions.

In a Sept. 29 order, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky directed the parties to file a joint status report by Oct. 20 setting forth proposed dates for trial and the expected length of the trial.

Rebecca Burton underwent implantation of an Ethicon Prolift pelvic mesh device in 2008 to treat her pelvic organ …