Pa. Federal Judge Allows Strict Liability Claims to Proceed in Ethicon Pelvic Mesh Case

HARRISBURG, Pa. — A Pennsylvania federal judge has declined to award Ethicon Inc. summary judgment on strict liability claims in a pelvic mesh action, predicting that the commonwealth’s high court would not categorically ban such claims in cases involving prescription medical devices.

On Oct. 9, Judge Matthew W. Brann of the U.S. District Court for the Middle District of Pennsylvania found recent case law suggests that the Pennsylvania Supreme Court would determine the applicability of comment k to Section 402(A) of the Restatement (Second) of Torts to medical devices on a case-by-case basis.

On March 23, 2005, Pennsylvania resident Cathy …