Ethicon Must Face Manufacturing Defect Claims in Ariz. Pelvic Mesh Action

PHOENIX — An Arizona federal judge has refused to dismiss claims for manufacturing defect and negligent infliction of emotional distress in an Ethicon pelvic mesh action, finding the plaintiff adequately alleged the device deviated from design specifications and that the device caused her emotional harm and physical injuries.

In a Jan. 11 order, Judge Dominic W. Lanza of the U.S. District Court for the District of Arizona further ruled that the plaintiff’s breach of express warranty claim is timely.

Janine Dehart was implanted with an Ethicon Gynecare TVT-S pelvic mesh device in June 2009. Following the procedure, she developed complications, …