Personal Injury, Product Liability Claims to Proceed in Ethicon Hernia Patch Case
September 13, 2019
TRENTON, N.J. — A New Jersey federal judge has allowed personal injury and product liability claims to proceed against Ethicon in a hernia repair patch case, ruling that it is not clear at this stage in the litigation whether they are time-barred.
However, in the Sept. 11 order, Judge Peter G. Sheridan of the U.S. District Court for the District of New Jersey dismissed the breach of warranty claims as untimely, noting the discovery rule does not apply to the claims, and they were filed more than four years after the day of the plaintiff’s implantation surgery.
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