4th Cir. Vacates Judgment Against Plaintiffs in Ethicon Pelvic Mesh Case

RICHMOND, Va. — The 4th Circuit U.S. Court of Appeals has vacated a judgement against the plaintiffs in a pelvic mesh case filed against Ethicon and Johnson & Johnson, ruling that the trial court incorrectly restricted their expert’s testimony based on the “elimination mandate,” a requirement that does not exist in West Virginia law.

In a July 22 opinion, the appellate panel explained that the West Virginia Supreme Court of Appeals ruled that plaintiffs may utilize the “malfunction theory,” which allows success on a strict product liability claim using only circumstantial evidence as long as the plaintiff “shows that a …