Utah Federal Judge Trims Negligence Claim in Ethicon Pelvic Mesh Case

SALT LAKE CITY — A Utah federal judge has trimmed a negligence claim in an Ethicon pelvic mesh action to the extent it is based upon failure to test, inspect, train, study, and conduct adequate post-market surveillance, finding those theories are subsumed by the plaintiff’s negligent design defect and failure-to-warn claims.

In an April 12 order, Judge Dale A. Kimball of the U.S. District Court for the District of Utah added that the state’s products liability law does not recognize those theories of negligence.

“While the court finds that Plaintiff may offer evidence related to these theories, they do not …