5th Cir. Upholds Award of Summary Judgment to Medtronic in Hernia Mesh Case
December 13, 2019
NEW ORLEANS — A federal appellate panel has upheld an award of summary judgment to Medtronic Inc. in a hernia mesh action, finding the plaintiffs’ failure to present expert testimony doomed their case.
In a Dec. 9 opinion, the 5th Circuit U.S. Court of Appeals panel said the plaintiffs did not produce evidence supporting their allegation that a defect in the mesh caused a second hernia in a different location. Lay testimony alone is not sufficient to prove the allegation, the panel explained.
Val Emery underwent two hernia repair surgeries in 2013 and 2017. During the first surgery, Dr. Buckminster …