N.Y. Federal Judge Dismisses Covidien Hernia Mesh Action
March 31, 2021
NEW YORK — A New York federal judge has dismissed a lawsuit accusing Covidien Inc. of defectively designing and manufacturing its Symbotex hernia repair mesh, ruling that the plaintiff failed to adequately plead how the device’s design and manufacture caused her injuries.
In the March 29 order, Judge Paul G. Gardephe of the U.S. District Court for the Southern District of New York further held that the failure-to-warn claim cannot succeed on Covidien’s failure to include warnings in its brochures, marketing materials or on its website. He found that the mesh’s Instructions For Use warned of each injury alleged by …
- DLA Piper LLP
- Marc J. Bern & Partners LLP