7th Cir. Reinstates Ethicon Pelvic Mesh Case, Says Claims Might Be Timely

CHICAGO — A federal appeals panel has reinstated a pelvic mesh action against Johnson & Johnson and Ethicon Inc., ruling that Illinois’ two-year statute of limitations began to run only when the plaintiff realized that her mesh-related complications might have been wrongfully caused by another person.

In an Aug. 24 order, the 7th Circuit U.S. Court of Appeals explained that the failure of a medical device to cure a patient “does not necessarily signal that anyone acted wrongfully, particularly when the patient experiences known complications that do not necessarily result from tortious actions.”

“In addition, plaintiff’s medical history included …