Plaintiff Asks 3rd Cir. for Rehearing in Ethicon Hernia Mesh Action

PHILADELPHIA — A hernia mesh plaintiff has asked the 3rd Circuit U.S. Court of Appeals to reconsider its decision upholding dismissal of his lawsuit against Ethicon Inc., arguing that it misconstrued North Carolina law when it affirmed that the action was untimely filed.

In an Oct. 3 motion for rehearing, Michael Bond says the appellate panel “converted what could have been a straightforward statutory construction opinion into an unintelligible opinion lacking a supportable legal basis.”

In its opinion, the panel affirmed that the claims are barred by North Carolina’s six-year statute of repose because the plaintiff’s claims accrued on …