N.Y. Federal Covidien Hernia Mesh Case Dismissed with Leave to Amend

NEW YORK — A New York federal judge has dismissed without prejudice a lawsuit accusing Covidien Inc. of defectively designing and manufacturing its Symbotex hernia repair mesh, ruling that the strict liability, negligence and fraud claims were inadequately pled.

In the Aug. 30 order, Judge Paul G. Gardephe of the U.S. District Court for the Southern District of New York granted the plaintiff leave to amend her claims.

Karen Green underwent a laparoscopic hernia repair procedure on March 4, 2016, during which her surgeon used Covidien’s Symbotex mesh. Green underwent a second surgery the following week to investigate complaints of …