Judge Grants J&J/Ethicon’s Bid for Dismissal Re Hernia Patch Breach of Warranty Claims
On September 13, 2019, Riker Danzig obtained a dismissal of breach of warranty claims in a suit against the Firm’s client Ethicon, a subsidiary of Johnson & Johnson. The plaintiff claimed he suffered complications after a hernia surgery due to a medical device manufactured and sold by J&J and Ethicon. United States District Court Judge Peter G. Sheridan dismissed the breach of warranty claims noting the plaintiff waited too long to file the claims and that his consumer protection claims lacked the detail needed to satisfy the legal standard.
Kelly S. Crawford, Co-Chair of Riker Danzig and the head of the Firm’s Products Liability and Mass Tort Practice Group, represents Ethicon Inc. and Johnson and Johnson, along with co-counsel McCarter & English LLP.