Second Circuit Affirms Judgment for Client Ethicon in Products Liability Case Banner Image

Products Liability, Toxic Tort and Mass Tort

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Second Circuit Affirms Judgment for Client Ethicon in Products Liability Case

August 24, 2022

Riker Danzig’s Products Liability team achieved a notable win for longtime client Johnson & Johnson/Ethicon in a case on appeal before the Second Circuit Court of Appeals.

In Perciballi v. Ethicon, Inc., the plaintiff sought to recover damages for personal injuries sustained after she was implanted with transvaginal tape devices manufactured by Ethicon.

At the district court level, Firm Co-Chair Kelly S. Crawford, who is head of the Firm’s Products Liability, Toxic Tort and Mass Tort Practice, successfully argued for Summary Judgment in the Eastern District of New York.  The court granted the motion, finding that plaintiff’s claim was barred by New York’s statute of limitations.

Plaintiff appealed, and the Court of Appeals affirmed the judgment of the district court on August 8, 2022.

The case has great significance, confirming that, under New York law, the three-year Statute of Limitations is triggered by the date of onset of symptoms.

Working with Kelly on the Ethicon mesh team are partners Maha M. Kabbash and Diana Katz Gerstel, and associates Nakul Y. Shah and William Carlucci.

Our Team

Kelly Strange Crawford

Kelly Strange Crawford
Partner

Diana Katz Gerstel

Diana Katz Gerstel
Partner

Maha M. Kabbash

Maha M. Kabbash
Partner

William M. Carlucci

William M. Carlucci
Associate

Nakul Y. Shah

Nakul Y. Shah
Associate

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