Ethicon Denied Summary Judgment in Ohio Federal Pelvic Mesh Case Set for Trial

YOUNGSTOWN, Ohio — An Ohio federal judge has denied Ethicon Inc. summary judgment in a pelvic mesh case set for trial, ruling the plaintiff’s claims for design defect, failure to warn, and non-conformance with representation were adequately pled.

In a March 16 order, Judge Benita Y. Pearson of the U.S. District Court for the Northern District of Ohio found the plaintiff provided proof of a safer alternative design, pointed to what alleged defect in the device caused her injuries, and presented evidence that her surgeon would have changed her decision to use the device had she been given different warnings.