Federal Judge Refuses to Apply Comment k Exception to Medical Devices

HARRISBURG, Pa. — A Pennsylvania judge refused to dismiss a Gore Medical hernia mesh case, ruling that the strict liability claims are not barred by comment k to Section 402(A) of the Restatement (Second) of Torts because, according to recent case law, the exception does not apply to medical devices.

In a July 28 order, Judge Malachy Mannion of the U.S. District Court for the Middle District of Pennsylvania also held that the plaintiffs’ claims are timely and that they adequately pled their negligence claim.

Edward Patchcoski underwent implantation of a Gore-Tex Soft Tissue Patch in 1999 during ventral …