Hernia Mesh Makers Must Face Negligent Warning Claim in N.J. Federal Action

CAMDEN, N.J. — A New Jersey federal judge has denied two manufacturers summary judgment in a lawsuit alleging injuries caused by their ProLite hernia repair mesh, ruling the negligent failure-to warn claim is timely and that there is a question of fact as to whether the plaintiff’s surgeon would have used the device if presented with a different warning.

However, in the June 22 order, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey dismissed the claim for breach of express warranty, ruling it is untimely under Pennsylvania law. The judge also dismissed the negligent …