4th Cir. Upholds Award of Summary Judgment to Ethicon in Pelvic Mesh Action

BALTIMORE — A federal appellate panel has upheld an award of summary judgment to Ethicon and Johnson & Johnson in a pelvic mesh case, affirming that the plaintiff’s design defect claim fails because her case-specific expert failed to explain the methodology he used in reaching his conclusions.

On March 10, the 4th Circuit U.S. Court of Appeals panel found the lower court properly excluded the report of Dr. Richard Luciani as unreliable.

Paula Donalds was implanted with Ethicon’s TVT Abbrevo pelvic mesh device in July 2014 by Dr. Christine O’Connor to treat her urinary incontinence. Following the surgery, Donalds developed …