Bard Denied Partial Summary Judgment in Ill. Federal Transvaginal Mesh Case

CHICAGO — An Illinois federal judge has denied C.R. Bard Inc. summary judgment on failure-to-warn claims in a transvaginal mesh action, finding a question of fact as to whether the learned intermediary doctrine bars the claims because the implanting surgeon testified that he was not fully aware of the device’s risks.

In a Sept. 30 order, Judge Sara L. Ellis of the U.S. District Court for the Northern District of Illinois also allowed the plaintiff’s breach of warranty claims to proceed, finding the jury should decide whether Bard had timely notice of the claims.

Marisol Datil was implanted with the …