Texas Federal Judge Allows Plaintiff’s Regulatory Expert Opinions in Ethicon Pelvic Mesh Case

AUSTIN, Texas — A Texas federal judge has overruled most of defendants’ objections to the testimony of plaintiff’s regulatory expert Peggy Pence in an Ethicon pelvic mesh case, ruling she may offer opinions about pre-market testing, misbranding and labeling, and informed consent.

However, in the March 2 order, Judge Gray H. Miller of the U.S. District Court for the Southern District of Texas ruled Pence may not testify about whether patients underwent implantation without true informed consent, nothing that under Texas law, manufacturers only have a duty to inform the learned intermediary.

Maria Robinson underwent implantation of Ethicon’s TVT-Obturator …