Mass. Judge Allows Amendment of Design Defect Claim in Ethicon Pelvic Mesh Action

BOSTON — A Massachusetts federal judge has dismissed with leave to amend a design defect claim in an Ethicon Gynecare pelvic mesh action, directing the plaintiff to allege the existence of a feasible alternative design.

In a Nov. 3 order, Judge Timothy Hillman of the U.S. District Court for the District of Massachusetts explained that “simply asserting that a feasible alternative design exists without pleading any supporting facts — is not sufficient to plead a defective design claim or to put Defendants on notice as to what that design might be.”

In addition, the judge refused to dismiss the …