Davol, Bard Prevail on Warning, Fraud Claims in Bellwether Hernia Mesh Case
February 2, 2024
DOCUMENTS
- Order
COLUMBUS, Ohio – An Ohio federal judge has awarded Davol Inc. and C.R. Bard Inc. summary judgment on claims for failure to warn in a bellwether hernia mesh product case, ruling that that the plaintiff failed to prove that his surgeon would have acted differently had he been given different warnings.
In a Feb. 1 order, Judge Edmund Sargus Jr. of the U.S. District Court for the Southern District of Ohio also awarded defendants on the fraud-based claims, noting that the plaintiff’s surgeon did not rely upon their warnings or instructions for use in deciding to use the product.
In …
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