Design Defect Claims Survive Dismissal in La. Medtronic Hernia Mesh Case

NEW ORLEANS — A Louisiana federal judge has refused to dismiss design defect claims in a Medtronic hernia mesh case, ruling the plaintiff adequately alleged that the mesh became infected due to its improper sterilization and faulty design, and that a safer alternative design existed.

However, in an April 23, Judge Ivan Lemelle of the U.S. District Court for the Eastern District of Louisiana found the claims of failure to warn and breach of warranty were inadequately pled, warranting dismissal. The judge allowed the plaintiff to amend those claims.

On Nov. 17, 2016, Denise Pierre underwent surgery to correct a …