Ky. Federal Judge Denies Ethicon Summary Judgment in Pelvic Mesh Action

LOUISVILLE, Ky. — A Kentucky federal judge has denied Ethicon summary judgment in a pelvic mesh device case, ruling there is a question of fact as to whether the plaintiffs’ implanting surgeon was adequately warned of the risks of pain, neuromuscular problems, and the need for revision surgery.

In a July 22 order, Judge Benjamin Beaton of the U.S. District Court for the Eastern District of Kentucky further found that in support of their design defect claim, the plaintiffs presented evidence of a feasible alternative design.

Janna Garvin was implanted with Ethicon’s TVT-Obturator pelvic mesh device in February 2011to treat …