Ethicon, J&J Awarded Summary Judgment in Md. Federal Pelvic Mesh Case

BALTIMORE — A Maryland federal judge has awarded Ethicon and Johnson & Johnson summary judgment in a pelvic mesh case, finding the plaintiff’s claims for design defect, breach of warranty, and fraud fail because her case-specific expert failed to explain the methodology he used in reaching his conclusions.

In a Dec. 28 order, Judge George L. Russell III of the U.S. District Court for the District of Maryland further found the failure-to-warn claims are barred by the learned intermediary doctrine because the implanting surgeon testified that a different warning would not have changed her prescribing decision.

Paula Donalds was implanted …