Design Defect Claim Proceeds Against American Medical Systems in Md. Pelvic Mesh Case

BALTIMORE — A Maryland federal judge has allowed a design defect claim to proceed against American Medical Systems Inc. in a pelvic mesh action, ruling that under the consumer expectation test, the plaintiff is not required to present evidence of a safer alternative design.

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 failure to warn, breach of warranty, fraud and punitive damages, finding they were inadequately pled.

Paula Conway was implanted with AMS’s Monarc mid-urethral sling to treat her stress urinary incontinence. The …