Design Defect Claims Trimmed from Ky. Ethicon Pelvic Mesh Action

LOUISVILLE, Ky. — A Kentucky federal judge has trimmed design defect claims from an Ethicon pelvic mesh case, ruling the plaintiffs’ expert did not provide proof of a feasible alternative design in his report; rather, he pointed to different procedures and generally recommended alterations to the product’s design without providing enough details.

In a Sept. 14 order, Judge Rebecca G. Jennings of the U.S. District Court for the Western District of Kentucky explained that expert Dr. Alan Garely “provides conclusory statements that do not offer an alternative with the same degree of specificity.”

Ethicon and its parent company, Johnson …