W. Va. Judge Denies Ethicon Summary Judgment on Punitive Damages Claims in Prolift TVM Case

CHARLESTON, W. Va. — The judge overseeing a bellwether transvaginal mesh case has denied Ethicon Inc. summary judgment on the plaintiff’s punitive damages claims, finding a question of fact exists as to whether the manufacturer acted with “a wanton or willful disregard of persons who foreseeably might be harmed.”

In a Nov. 24 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia further ruled that the claims are neither federally preempted, nor barred by the New Jersey Products Liability Act.

In this bellwether case, Dianne M. Bellew alleges she was injured …