Design Defect, Warning Claims Survive Dismissal Motion in Texas Pelvic Mesh Action

DALLAS — A Texas federal judge has allowed design defect and failure-to-warn claims to proceed in an Ethicon pelvic mesh action, finding they identified several alleged defects in the device and adequately alleged their surgeon was not adequately warned of the device’s risks.

In a Dec. 31 order, Judge Karen G. Scholer of the U.S. District Court for the Northern District of Texas dismissed the plaintiffs’ claims for manufacturing defect, breach of warranty, and fraud, but granted their motion for leave to amend their complaint.

Marion Langston was implanted with Ethicon’s Prosima polypropylene pelvic mesh device in July 2011 to …