A Florida woman’s pelvic mesh lawsuit against Johnson & Johnson subsidiary Ethicon will be able to move forward, according to a decision issued Monday by a federal judge in Philadelphia, Reuters reported.
U.S. District Judge Mark Kearney decided that Theresa Drumheller, the plaintiff, did not need to provide the following details for her pelvic mesh lawsuit to proceed:
· The exact date when Drumheller’s pelvic mesh injuries began
· What medical conditions the pelvic mesh was intended to address
· The specific Ethicon pelvic mesh products that were implanted in Drumheller
Drumheller’s pelvic mesh lawsuit, which was filed in December 2020, is one of tens of thousands of mesh lawsuits filed in recent years. Most of these pelvic mesh lawsuits have already been settled. For instance, in March pelvic mesh manufacturer Boston Scientific settled pelvic mesh (also known as transvaginal mesh) claims from 47 states and the District of Columbia for $188.7 million.
Drumheller alleged that Ethicon sold defective pelvic mesh made from materials, such as polypropylene, that are biologically incompatible with the human body.
“She alleges many facts which, although general, tend to support her allegations Ethicon designed, manufactured, marketed, and sold a dangerously defective product which caused her injuries,” Kearney said, as reported by Reuters.
According to legal documents, Drumheller had two pelvic mesh surgeries, the first in 2009 and another in 2010. She subsequently developed adverse symptoms, including incontinence, pain and anxiety.
Defendants Johnson & Johnson and Ethicon attempted to have Drumheller’s pelvic mesh lawsuit dismissed for insufficient details, referring to the plaintiff’s complaint as a “shotgun pleading.”
While Kearney noted that many of Drumheller’s facts were quite general and drawn from public records, those facts were strong enough to support her allegations.
Kearney upheld Drumheller’s allegations of negligent design defect and failure to warn, both of which are legal categories of wrongdoing. He also upheld her claim for negligent infliction of emotional distress.
On the other hand, Kearney dismissed three other claims from Drumheller, namely breach of implied warranty, fraud and breach of express warranty.