Davol, Bard Prevail on Warning, Fraud Claims in Bellwether Hernia Mesh Case

COLUMBUS, Ohio – An Ohio federal judge has awarded Davol Inc. and C.R. Bard Inc. summary judgment on claims for failure to warn in a bellwether hernia mesh product case, ruling that that the plaintiff failed to prove that his surgeon would have acted differently had he been given different warnings.

In a Feb. 1 order, Judge Edmund Sargus Jr. of the U.S. District Court for the Southern District of Ohio also awarded defendants on the fraud-based claims, noting that the plaintiff’s surgeon did not rely upon their warnings or instructions for use in deciding to use the product.

In …