Ethicon Awarded Summary Judgment on Warning Claim in Kan. Federal Pelvic Mesh Action

TOPEKA, Kan. — A Kansas federal judge has awarded Ethicon and its parent company Johnson & Johnson summary judgment on a strict liability failure-to-warn claim in a pelvic mesh action, ruling it is barred by the learned intermediary doctrine because the implanting surgeon stands by his decision to use the device.

In a May 18 order, Judge Holly Teeter of the U.S. District Court for the District of Kansas noted the surgeon testified that had he been presented with a warning regarding the risk of mesh contraction, he would have still recommended the Prolift+M device to the plaintiff.

Brenda Davis …