6th Cir. Reinstates Ethicon Pelvic Mesh Case

CINCINNATI — A federal appellate panel has reinstated a pelvic mesh action against Ethicon Inc., ruling the plaintiff proffered sufficient testimony from her doctor and expert Dr. Bruce Rosenzweig backing her claims that the company failed to adequately warn of the risks in its Instructions For Use.

In an Aug. 26 opinion, the 6th Circuit U.S. Court of Appeals panel further found Dr. Rosenzweig’s testimony and report provided evidence of a feasible alternative design; therefore, the plaintiff’s design defect claim should not have been dismissed.

In 2009, Connie Thacker was implanted with the TVT-Secur and Prolift devices to treat her …