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J&J, Ethicon Dismissal of Pelvic Mesh Implant Lawsuit Was Proper

April 29, 2021, 6:51 PM

Johnson & Johnson shook off a Florida woman’s suit alleging a pelvic mesh implant manufactured by its subsidiary Ethicon Inc. failed, after the Eleventh Circuit ruled Thursday that Florida law immunized it from her failure-to-warn claims.

The “learned intermediary” doctrine bars Charlotte Salinero’s claims under Florida law, the court said.

The doctrine imposes a duty on medical device manufacturers to adequately warn physicians, rather than patients, of the risks their products pose. And J&J showed that it fulfilled its obligation to inform Salinero’s doctor of the risks, the court said.

The court rejected Salinero’s argument that her doctor’s long-standing financial ...