R.I. Federal Ethicon Pelvic Mesh Case Proceeds on Design Defect Theory

PROVIDENCE, R.I. — A Rhode Island federal judge has allowed claims for design defect and breach of implied warranty to proceed in an Ethicon pelvic mesh action, ruling the plaintiffs identified, through their experts, the device’s alleged defects that caused their injuries.

However, in a March 28 order, Judge William E. Smith of the U.S. District Court for the District of Rhode Island awarded Ethicon Inc. and its parent company Johnson & Johnson summary judgment on the failure to warn claims, ruling they are barred by the learned intermediary doctrine because their surgeon was aware of the device’s risks.

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