Ethicon, J&J Must Face Warning, Design Defect Claims in Ind. Federal Pelvic Mesh Case

SOUTH BEND, Ind. — An Indiana federal judge has denied Ethicon Inc. and Johnson & Johnson summary judgment on warning and design defect claims in a pelvic mesh case, ruling there are questions of fact as to whether the implanting surgeon was adequately warned of the device’s risks.

In an Oct. 20 order, Judge Damon Leichty of the U.S. District Court for the Northern District of Indiana further noted that state law does not require the plaintiff to provide proof of a safer alternative design.

Pollyanna Montgomery underwent implantation of Ethicon’s TVT obturator system in April 2011 to treat her …