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J&J, Ethicon Fend Off Hernia Patch Breach of Warranty Claims

Sept. 13, 2019, 2:27 PM

Johnson & Johnson and subsidiary Ethicon Inc. won’t face breach of warranty claims in suit alleging injuries from a defective hernia mesh product, the District of New Jersey ruled.

Plaintiff William Martinez waited too long to file the claims, the U.S. District Court for the District of New Jersey said Sept. 12.

The court rejected Martinez’s argument that the four year statute of limitations only began running when he became aware that there was an issue with the product in 2017, when he required a revision surgery on his hernia mesh product.

Under New Jersey law, breach of warranty claims ...

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