Ethicon, J&J Cannot Duck Pennsylvania Federal Pelvic Mesh Injury Action

PHILADELPHIA — A Pennsylvania federal judge has refused to dismiss a lawsuit targeting Ethicon’s Prolene pelvic mesh, ruling that that the complaint is not a shotgun pleading and that the plaintiff has adequately pled claims for negligent design defect, failure-to-warn and negligent infliction of emotional distress.

In a May 10 order, Judge U.S. District Judge Mark A. Kearney of the U.S. District Court for the Eastern District of Pennsylvania predicted that the state high court would apply comment k’s exception for “unavoidably safe products” to medical devices, thus barring the plaintiff’s strict liability failure-to-warn and design defect claims.

Theresa Drumheller …