6th Cir. Reinstates Ethicon Pelvic Mesh Case, Says Claims May be Timely

CINCINNATI — A federal appellate court has reinstated an Ethicon pelvic mesh action, ruling that a reasonable jury could conclude from the evidence that despite diligently investigating her injuries, the plaintiff reasonably believed until June 2011 that her symptoms were due to a problem with her body rather than with the mesh itself.

In an Aug. 25 opinion, a 6th Circuit U.S. Court of Appeals panel majority noted that several doctors gave the plaintiff the distinct impression that the Ethicon Prolift device was not the cause of her symptoms.

Jenesta Cutter was implanted with Ethicon’s Prolift polypropylene pelvic mesh device …