Coloplast Pelvic Mesh Case Proceeds in Ill. Federal Court on Design Defect Theory

CHICAGO — An Illinois federal judge has denied Coloplast Corp. summary judgment on design defect claims in a pelvic mesh action after refusing to exclude the causation testimony of a plaintiff’s expert, and allowed a claim for punitive damages to proceed.

However, in a Sept. 30 order, Judge Elaine E. Bucklo of the U.S. District Court for the Northern District of Illinois awarded Coloplast summary judgment on the plaintiff’s claims for manufacturing defect, failure to warn, fraud and emotional distress.

After the birth of her third child, plaintiff Nidia Teran sought medical treatment for pelvic pain, recurrent urinary tract infections, …