Ethicon Prevails on Warning, Punitive Damages Claims in Fla. Federal Pelvic Mesh Action

FORT LAUDERDALE, Fla. — A federal judge has awarded Ethicon and Johnson & Johnson summary judgment on a punitive damages claim in a pelvic mesh device case, ruling the claim is barred under Florida law because such damages were previously awarded against those defendants in actions alleging harm relating to the same devices.

Judge Raag Singhal of the U.S. District Court for the Southern District of Florida also awarded defendants on plaintiffs’ failure-to-warn claims, finding they failed to present evidence that their surgeons would have altered their course of treatment had they been presented with different warnings.

Florida resident Maria …