Ethicon, J&J Must Face Design Defect, Warning Claims in N.C. Pelvic Mesh Action

RALEIGH, N.C. — A North Carolina federal judge has refused to dismiss claims of design defect and failure to warn in an Ethicon pelvic mesh action, finding the plaintiff sufficiently alleged the device’s polypropylene mesh and propensity to contract or shrink caused her injuries and that her surgeon was not warned of those risks.

However, in the Jan. 5 order, Judge Louise W. Flanagan of the U.S. District Court for the Eastern District of North Carolina dismissed the breach of implied warranty claim without prejudice for lack of privity.

Katina Teague was implanted with Ethicon’s Gynecare TVT Abbrevo Continence System …