Ethicon Pelvic Mesh Case Proceeds in Wash. on Design Defect Theory

TACOMA, Wash. — A Washington federal judge has allowed a design defect claim to proceed in an Ethicon transvaginal mesh action, ruling that the plaintiff has adequately alleged a connection between the device’s alleged defects and her injuries.

In a July 14 order, Judge Benjamin Settle of the U.S. District Court for the Western District of Washington said the plaintiffs’ expert, Dr. Brian Raybon, identified the design defects of the Gynecare TVT device and opined that the device’s heavy weight, deforms, small pores, and propensity to degrade, caused the plaintiff’s complications.

Margo Ellis was implanted with Ethicon’s Prolene TVT mesh …