Pa. High Court Would Not Extend Comment k Immunity to Medical Devices, Judge Predicts

HARRISBURG, Pa. — A Pennsylvania federal judge has allowed strict liability claims to proceed in an Ethicon pelvic mesh device action, predicting that the state high court would not extend comment k immunity to medical devices.

In the Feb. 10 order, Chief Judge Matthew W. Brann of the U.S. District Court for the Middle District of Pennsylvania also refused to dismiss the clams for negligence and negligent infliction of emotional distress, but dismissed the claims for manufacturing defect, breach of warranty, fraud, and unjust enrichment.

Kim Goodling was implanted with Ethicon’s Gynecare TVT-Exact pelvic mesh device in December 2011 to …