Supreme Court Denies J&J’s Petition in Ethicon Sling MDL

October 2, 2017

The U.S. Supreme Court has denied Johnson & Johnson’s petition for a writ of certiorari, ending their appeal of a $3.27 million bellwether trial verdict in the case of Jo Huskey, et al. v. Ethicon, Inc., et al.

The U.S. Supreme Court on Oct. 2 declined to review  the Fourth Circuit’s affirmation of the federal district court’s exclusion of evidence relating to a pelvic mesh device’s market clearance through the less-stringent 510(k)review  process because that clearance process does not constitute a formal review of the device’s  safety and efficacy by the Food and Drug Administration (“FDA”).

Plaintiffs’ in this case are represented by Edward A. Wallace and Mark R. Miller of Wexler Wallace LLP; Fidelma L. Fitzpatrick of Motley Rice LLC; and Thomas P. Cartmell and Jeffrey M. Kuntz of Wagstaff & Cartmell LLP.