Decisions in Pelvic Mesh Suit Clarify West Virginia Products Liability Law

In Shears v. Ethicon, Inc., the U.S. Court of Appeals for the Fourth Circuit vacated a judgment entered in favor of Ethicon and its parent company Johnson & Johnson following a jury trial in a pelvic mesh products liability action. The July 22, 2024, decision underscores an important clarification in West Virginia products liability law — to succeed on a strict product liability claim premised on a design defect, a plaintiff must prove a feasible alternative design that substantially reduces the…
By: McGuireWoods LLP