Davol Dulex Product Liability Claims Allowed To Proceed

Introduction

In an order issued on September 12, Judge Pamela Reeves of the U.S District Court for the Eastern District of Tennessee allowed product liability claims by Plaintiff Martha Karen Jones against Davol, Bard in Davol Dulex hernia mesh case to proceed.

However, the breach of warranty claim has been time-barred since it was not filed within the four-year statute of limitations period. The plaintiff underwent hernia surgery in 2008. Later, in 2012, the mesh got infected and had to be removed requiring additional surgeries until May 2017. Jones then filed a complaint against C.R. Bard and Davol for false marketing the defectively designed hernia mesh.

Lawsuits linked to hernia mesh complications are expected to go to trial in 2019. The multidistrict litigation (MDL No.2782; In Re: Ethicon Physiomesh Flexible composite Hernia Mesh Products Liability Litigation) was formed in June 2017 before U.S. District Judge Richard Story in the Northern District of Georgia.

Comments

Oregon to Get $66M in Sackler Opioid Settlement

Categories: Opioids

Oregon will gain $66 million as part of a nationwide settlement with the Sackler family and Purdue Pharma, the makers of OxyContin. The funds will be used to expand and…

Study Finds Toxic Metals in E-Cigs and U-Cigs Vapors

Categories: E-Cigarette: JUUL

As health concerns about e-cigarette use escalate, emerging research suggests that a newer class of vaping products—ultrasonic cigarettes or u-cigarettes—may pose even greater risks.

A study published in Environmental Health Perspectives in…

Appeals Court Upholds $611M Roundup Verdict

Categories: Roundup

A Missouri appeals court has upheld a massive Roundup verdict originally totaling $1.5 billion, but significantly reduced the final amount Bayer and its Monsanto unit must pay to $611 million.

The case involved three plaintiffs from New…

Davol Dulex Product Liability Claims Allowed To Proceed