Comment k Bars Strict Liability Claims, Pa. Federal Judge Rules in Pelvic Mesh Case

PHILADELPHIA — A Pennsylvania federal judge has awarded Ethicon and Johnson & Johnson summary judgment on strict liability claims in a pelvic mesh action, ruling that such claims are barred by comment k to § 402A of the Restatement (Second) of Torts.

In a Sept. 17 order, Judge Nitza Alejandro of the U.S. District Court for the Eastern District of Pennsylvania predicted that the state high court would apply comment k to medical devices. However, the judge allowed the plaintiff’s negligent failure-to-warn claim to proceed, ruling that she has adequately pled causation.

On Oct. 15, 2004, Eneida Lopez underwent implantation …