Failure-To-Warn Claim Dismissed in Ariz. Federal Ethicon Pelvic Mesh Case
March 9, 2021
PHOENIX — An Arizona federal judge has dismissed a strict liability failure-to-warn claim in a lawsuit targeting Ethicon’s Gynecare Prolift and TVT Secur pelvic mesh devices, finding the plaintiff failed to establish that her surgeon would not have implanted the products had he been provided with different warnings.
However, in the March 4 order, Senior Judge David G. Campbell denied Ethicon and Johnson & Johnson’s motion as to the plaintiff’s negligence and negligent infliction claims to the extent they are based upon negligent design. Those claims, along with the claims for strict liability design defect and punitive damages, remain for …
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