Negligence, Design Defect Claims Survive in N.Y. Coloplast Pelvic Mesh Action

UTICA, N.Y. — A New York federal judge has refused to dismiss claims for design defect and gross negligence against Coloplast Corp. in a case targeting its Altis pelvic mesh device, finding the plaintiffs presented evidence of a safer alternative device and that Coloplast was aware of the risks, yet did nothing to reduce them.

In a July 22 order, Judge David N. Hurd of the U.S. District Court for the Northern District of New York also allowed the plaintiffs’ punitive damages claim to proceed, finding they presented evidence that Coloplast recklessly continued to market the device as safe despite …