La. Federal Judge Trims Claims from Ethicon Pelvic Mesh Action
December 27, 2021
NEW ORLEANS — A Louisiana federal judge has dismissed manufacturing defect and breach of express warranty claims from an Ethicon pelvic mesh case, ruling they are inadequately pled because plaintiffs did not point to an error in the manufacturing process and failed to explain how they were induced by the company’s warranties.
In a Dec. 14 order, Judge Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana also dismissed the claims for redhibition and punitive damages, finding they are barred by Louisiana law.
Melissa Fussell was implanted with Ethicon’s TVT pelvic mesh device in August …