Strict Liability, Consumer Protection Claims to Proceed in Bellwether C-QUR Mesh Action

CONCORD, N.H. — A New Hampshire federal judge has refused to dismiss claims of strict liability and violation of consumer protection laws levied against the makers of the C-QUR Mesh hernia patch, finding it is unclear whether the plaintiff should have known of the cause of her injuries within the three-year limitations period.

In an Aug. 12 order, Judge Landya McCafferty of the U.S. District Court for the District of New Hampshire further found the plaintiff pled her consumer protection laws claim with the specificity required by Rule 9(b).

In December 2016, the Judicial Panel on Multidistrict Litigation created a …