Ethicon Must Face Warning-Based Claims in Md. Federal Pelvic Mesh Action

BALTIMORE — A Maryland federal judge has allowed failure-to-warn and gross negligence claims to proceed in an Ethicon transvaginal mesh case, ruling there is a question of fact as to whether the plaintiff’s surgeon would have prescribed the device had he received a different warning.

In a Nov. 8 order, Judge George L. Russell III of the U.S. District Court for the District of Maryland further held that there is an issue of fact as to timeliness, noting there is evidence that the plaintiff could not have known that her injury was caused by defendants’ wrongdoing or a defective device.