W. Va. Federal Judge Denies Plaintiff Summary Judgment on Warning, Proximate Cause Issues in TVM Case

CHARLESTON, W. Va. — A West Virginia federal judge has denied a plaintiff’s motion for summary judgment on warning claims asserted in an Ethicon Inc. Prolift transvaginal mesh case, finding the defendants have established a question of fact as to whether the device’s Instructions For Use included the various alleged risks.

In a Nov. 20 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia also denied plaintiff Dianne M. Bellew’s motions for summary judgment as to whether her surgeon would have used the device had she known of the risks and on …