Mesh Maker Must Face Most Claims In Bellwether Suit

Law360 (August 13, 2019, 6:28 PM EDT) -- A federal judge on Tuesday trimmed two counts from a bellwether suit in sprawling multidistrict litigation accusing Atrium Medical Corp. of selling defective surgical mesh but let most of the case proceed, finding the plaintiff adequately pled that the time limits for filing should be extended.

U.S. District Judge Landya B. McCafferty allowed the suit by Joseph Shumaker to go forward, saying that although the surgical mesh implantation occurred in 2010, Shumaker’s complaint claims he was unaware of the defect until 2014, putting his claims within the three- and four-year statutes of limitations for product liability and warranty claims, respectively....

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