Comment k Bars Strict Liability Claims in Atrium Hernia Mesh Case, Pa. Federal Judge Rules

HARRISBURG, Pa. — A Pennsylvania federal judge has dismissed strict liability claims from a lawsuit alleging injuries caused by Atrium Medical’s ProLoop and ProLite hernia mesh, ruling that they fall within the exemption in comment k to Section 402A of the Restatement (Second) of Torts for “unavoidably unsafe” products.

In a Sept. 30 order, Judge Julia K. Munley of the U.S. District Court for the Middle District of Pennsylvania agreed with a magistrate judge who predicted that the state high court would follow decisions that extended comment k’s exemption to medical devices.

Judge Munley also dismissed the breach of express …