Breach of Warranty Claims Dismissed from Ark. Ethicon Hernia Mesh Case

LITTLE ROCK, Ark. — An Arkansas federal judge has dismissed claims for breach of express and implied warranty from an Ethicon hernia mesh case, ruling the claims fail because the plaintiff failed to provide pre-suit notice as required by state law.

On June 13, Judge Lee P. Rudofsky of the U.S. District Court for the Eastern District of Arkansas rejected the plaintiff’s arguments that no exceptions to the law apply.

David Hufford underwent hernia repair surgery in May 2019, during which his surgeon used Ethicon’s Prolene Hernia System. Two months later, Hufford underwent a second surgery, during which a different …