Ethicon Can’t Shake Negligent Misrepresentation Claim in Texas Pelvic Mesh Action

HOUSTON — A Texas federal judge has allowed a negligent misrepresentation claim to proceed against Ethicon and Johnson & Johnson in a pelvic mesh action, ruling there is a question of fact as to whether the plaintiff’s implanting surgeon was adequately warned of the risks of long-term pain and nerve damage.

However, in the Nov. 1 order, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas awarded defendants summary judgment on the design defect claim, ruling that the plaintiff failed to identify a safer alternative design.

On Oct. 27, 2011, Maria Robinson was implanted …