N.Y. Judge Dismisses Atrium Medical Hernia Mesh Action Without Prejudice
February 10, 2020
NEW YORK — A New York federal judge has dismissed a lawsuit targeting Atrium Medical Corp.’s ProLite hernia repair mesh, ruling that the plaintiffs did not plausibly allege that the product is defective and accompanied by inadequate warnings.
However, in the Feb. 6 order, Judge Andrew L. Carter Jr. granted plaintiffs leave to file a second amended complaint, concluding that amendment is not futile.
Tina Cosh underwent hernia repair surgery on Feb. 5, 2015, during which her surgeon, Dr. Moaz Albulfaraj, implanted Atrium’s ProLite Mesh, a mid-weight polypropylene hernia mesh product. About a month later Cosh underwent a second surgery …
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- Marc J. Bern & Partners