Majority of Claims Survive Dismissal in Illinois I-STOP Transvaginal Mesh Action

ST. CHARLES, Ill. — An Illinois federal judge has allowed claims of negligence, breach of express warranty, negligent misrepresentation and negligent infliction of emotional distress to proceed against CL Medical in an I-STOP transvaginal mesh action, ruling that they were adequately pled under Illinois law.

On Nov. 10, Chief Judge James E. Shadid of the U.S. District Court for the Central District of Illinois also refused to dismiss the plaintiff’s punitive damages claim, ruling that it is too early in this action to dismiss the claim.

In May 2012, Alberta Gerk underwent surgery for stress urinary incontinence during which her …