Plaintiffs May Amend Complaint in Atrium ProLite Hernia Mesh Action
February 12, 2020
NEW YORK — A New York federal judge has dismissed a lawsuit targeting Atrium Medical Corp.’s ProLite hernia repair mesh, finding 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. of the U.S. District Court for the Southern District of New York granted plaintiffs leave to file a second amended complaint, concluding that amendment is not futile.
Asuncion Bustamante underwent hernia repair surgery in April 2016, during which his surgeon implanted two Atrium ProLite Meshes — mid-weight polypropylene hernia mesh products. Since …
- Butler Snow
- Dechert LLP
- Marc J. Bern & Partners
- Patterson Belknap Webb & Tyler