Ethicon Hernia Mesh Case Proceeds in Minn. on Failure-to-Warn, Design Defect Theories

MINNEAPOLIS — A Minnesota federal judge has refused to dismiss failure-to-warn claims in an action targeting Ethicon’s Proceed hernia mesh, finding the plaintiff sufficiently alleged his doctor would not have used the device had he been informed of the risks of mesh rupture.

In a Jan. 3 order, Judge Michael J. Davis also allowed the design defect claim to proceed, finding the plaintiff adequately pled that the method Ethicon used to sterilize the device caused it to become brittle and weak, thus posing an unreasonably high rate of rupture.

Jason Juliar was implanted with the Proceed mesh device in September …