‘Failure to Conform’ Claim Proceeds in Mississippi Ethicon Pelvic Mesh Case

GULFPORT, Miss. — A Mississippi federal judge has allowed a claim for failure to conform to representations to proceed in an Ethicon pelvic mesh case, ruling the plaintiffs satisfied the state products liability act by alleging defendants made material misrepresentations of fact regarding the device.

However, in the Feb. 3 order, Judge Kristi H. Johnson of the U.S. District Court for the Southern District of Mississippi dismissed the claims for manufacturing defect, breach of express warranty, and unjust enrichment.

Mary Killen was implanted with Ethicon’s TVT Obturator pelvic mesh device in 2009 to treat her stress urinary incontinence. She alleges …