Ethicon Denied Summary Judgment on Warning, Design Defect Claims in Ky. Pelvic Mesh Case

LEXINGTON, Ky. — A Kentucky federal judge has denied Ethicon Inc. summary judgment on failure-to-warn and design defect claims in a pelvic mesh case, finding the plaintiff has presented evidence that her surgeon would have acted differently had he been presented with a different warning, and that safer, alternative devices existed.

In a Sept. 10 order, Judge Joseph M. Hood of the U.S. District Court for the Eastern District of Kentucky also ruled that the plaintiff’s expert Dr. Bruce Rosenzweig may offer opinions as to as to the adequacy of Ethicon’s warnings and certain safer alternatives.

Chastity Sexton underwent implantation …