West Virginia Top Court Asked for Advice in J&J Pelvic Mesh Suit

West Virginia’s highest court was asked by the Fourth Circuit on Wednesday to clarify what plaintiffs must show to establish a strict liability design defect claim.

Judith A. Shears and Gary F. Shears Jr. sued Johnson & Johnson and its unit Ethicon Inc. in 2013, alleging Judith suffered from complications from an Ethicon pelvic mesh product that eroded in her body.

Their case was part of multidistrict litigation in the US District Court for the District of West Virginia. In 2016, that court said that under Section 411 of West Virginia’s pattern jury instructions, a plaintiff must prove there was ...