N.Y. Federal Judge Dismisses Covidien Hernia Mesh Action, Says Claims Inadequately Pled

ALBANY, N.Y. — A New York federal judge has dismissed a Covidien hernia repair mesh action, ruling that the plaintiff inadequately pled his claims for strict liability, negligence and breach of warranty because he failed to specify what warnings were provided and did not identify a safer alternative to the product he received.

In a Feb. 24 order, Judge Frederick Scullin of the U.S. District Court for the Northern District of New York further found the plaintiff did not explain how his Parietex ProGrop mesh was flawed or deviated in quality and performance from other mesh implants produced during the …