Warning, Design Defect Claims Proceed in Md. Ethicon Pelvic Mesh Action

BALTIMORE — A Maryland federal judge has refused to dismiss claims for design defect and failure to warn in an Ethicon pelvic mesh action, finding the plaintiff alleged numerous potential defects in the device’s design, linked her injuries to the alleged defects, and alleged her surgeon was not adequately warned of the device’s risks.

However, in the Dec. 28 order, Judge George L. Russell III of the U.S. District Court for the District of Maryland dismissed the claims for manufacturing defect and fraud.

Robin Kramer was implanted with an Ethicon Mesh Prolene Soft Polypropylene pelvic mesh device in May 2011 …