7th Cir. Upholds Summary Judgment for Ethicon in Pelvic Mesh Action

CHICAGO — The 7th Circuit U.S. Court of Appeals has upheld a summary judgment award to Ethicon in a pelvic mesh device case, ruling the plaintiff failed to offer expert testimony that the device she received was defectively designed and unreasonably dangerous.

In a June 15 opinion, the appellate panel further ruled that the lower court appropriately struck portions of the affidavit provided by the plaintiffs’ expert as inconsistent with the testimony he gave at his deposition.

Diane Donaldson was implanted with two Ethicon transvaginal polypropylene mesh medical devices to treat her stress urinary incontinence and anterior pelvic organ prolapse. …