Pa. Federal Judge Allows Strict Liability Claims to Proceed in Ethicon Pelvic Mesh Case

  • Order

HARRISBURG, Pa. — A Pennsylvania federal judge has declined to award Ethicon Inc. summary judgment on strict liability claims in a pelvic mesh action, predicting that the commonwealth’s high court would not categorically ban such claims in cases involving prescription medical devices.

On Oct. 9, Judge Matthew W. Brann of the U.S. District Court for the Middle District of Pennsylvania found recent case law suggests that the Pennsylvania Supreme Court would determine the applicability of comment k to Section 402(A) of the Restatement (Second) of Torts to medical devices on a case-by-case basis.

On March 23, 2005, Pennsylvania resident Cathy …


HarrisMartin's Mass Tort Settlements Conference - Sponsored by Milestone

June 27, 2024 - Buffalo, NY
The Richardson Hotel Buffalo


HarrisMartin's MDL Conference: Video Game Addiction and the Latest Mass Tort Updates

May 29, 2024 - Salt Lake City, UT
The Grand America Hotel