Ariz. Federal Judge Allows Plaintiff to Amend Manufacturing Defect Claim a 2nd Time

PHOENIX — An Arizona federal judge has dismissed with leave to amend a manufacturing defect claim in an Ethicon Gynecare TVT pelvic mesh device case, directing the plaintiff to allege specific facts showing how her mesh was manufactured contrary to its design and how the deviations caused her injuries.

In a June 16 order, Judge Roslyn Silver of the U.S. District Court for the District of Arizona also refused to dismiss the plaintiff’s request for punitive damages, noting it was properly listed as one form of relief, rather than a standalone claim, which is barred under Arizona law.

Arizona resident …