McCarter recently achieved a victory in the New Jersey Appellate Division when the court reversed a jury verdict and adopted the argument we made in a medical device products liability case. The plaintiffs in this case, a North Carolina woman and her husband, claimed that C.R. Bard, Inc., knew its pelvic mesh products were unsafe and failed to warn about potential risks related to the devices that allegedly have caused the woman debilitating pain ever since they were implanted. The court ordered new trials, saying a trial court was wrong to categorically bar evidence concerning the devices’ FDA 510(k) clearance.
McCarter & English partner David Kott presented oral argument in the New Jersey Appellate Division while Natalie Mantell and David Kott were on the brief.
Related media coverage includes the articles below:
Bloomberg Law (Subscription Required)
Law360 (Subscription Required)