Judge Rejects Ethicon's Plea to Dismiss 120 TVM Lawsuits

Judge Rejects Ethicon's Plea to Dismiss 120 TVM Lawsuits

Introduction

Ethicon Inc. had requested a Pennsylvania State Court Judge Arnold New to exclude 120 Transvaginal Mesh (TVM) lawsuits from Mass tort proceedings, stating that the venue is improper since the plaintiffs do not belong to Pennsylvania.

The Supreme Court's recent decision which allows plaintiffs to file a lawsuit in the jurisdiction where the defendant is headquartered or where the injury has allegedly occurred was the reason for Ethicon to make this move. However, in an order dated May 18, the Judge denied the plea as an “integral portion” of Ethicon Pelvic mesh device was manufactured by Secant Medical Inc., a Pennsylvania-based manufacturer. 

Judge Arnold further clarified,  “since a portion of the manufacturing process of the Gynemesh/Gynemesh PS, Prolene, Prolift, Prosima, TVT, TVT-Exact, TVT-Obturator and TVT-Secur Pelvic mesh medical devices occurs in Pennsylvania, this court’s exercise of specific personal jurisdiction comports with traditional notions of fair play and substantial justice.”