Design Defect Claim Proceeds Against Ethicon in Wash. Pelvic Mesh Case

TACOMA, Wash. — A Washington federal judge has denied Ethicon Inc. summary judgment on a strict liability failure-to-warn claim in a pelvic mesh action, ruling there is a question of fact as to whether the implanting surgeon would have changed his prescribing decision had he been adequately warned of polypropylene’s risks.

However, in the Jan. 14 order, Judge Benjamin Settle of the U.S. District Court for the Western District of Washington awarded Ethicon summary judgment on the plaintiff’s strict liability design defect claim because she failed to present expert testimony as to a “practical and feasible” alternative design that would …