Atrium Hernia Mesh Case Proceeds in Mass. Federal Court

BOSTON — A Massachusetts federal judge has refused to dismiss a claim for breach of warranty based upon a design defect and failure to warn in a hernia mesh case against Atrium Medical Corp., ruling the plaintiff adequately alleged a reasonable alternative design and that the defendant did not adequately warn of the risks.

However, in the Jan. 20 order, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts dismissed defendants Getinge AB and Maquet Cardiovascular US Sales LLC from the action for lack of personal jurisdiction.

Joseph Paye underwent inguinal hernia repair …