Hernia Mesh Lawsuits: Federal Judge Declines Dismissal

Hernia Mesh Lawsuits: Federal Judge Declines Dismissal

Introduction

Judge Peter G. Sheridan of the U.S. District Court for the District of New Jersey declined to dismiss product liability and personal injury claims involving Ethicon Inc.'s hernia mesh.

According to a lawsuit filed, the plaintiff from Texas received a mesh implant in 2011, to repair his inguinal hernia. The implant was removed in January 2017, as he experienced chronic abdominal pain and multiple infections. The lawsuit was filed in December 2018 against Ethicon in the U.S. District Court, District of New Jersey for negligence, strict product liability, breach of express and implied warranties, and violation of consumer protection laws.

Ethicon argued over the allegation and requested a dismissal stating that the lawsuit filed was too late. New Jersey imposes a two-year statute of limitations on personal injury and product liability claims, which begins running once a plaintiff knows or should have known the cause of his injuries. The plaintiff, however, maintained that the statute of limitations didn’t begin to run until his revision surgery in January 2017.

In an order published September 11, Judge Sheridan signified the defense could raise a motion only where it affirmatively appears on the face of the complaint that the action pleaded is barred by the statute of limitations.

All Ethicon hernia mesh lawsuits are consolidated under MDL No. 2327 (In Re: Ethicon Inc., Pelvic Repair System Products Liability Litigation).