Jorden

INTRODUCTION

16 In this products-liability action, defendants move to dismiss. Defendants’ motion to 17 dismiss all claims is DENIED. Defendants’ motion to dismiss or strike plaintiff’s demand for 18 restitution or disgorgement is GRANTED. 19

STATEMENT

20 In December 2014, plaintiff Shari Jorden underwent laparoscopic ventral hernia repair 21 surgery during which Parietex Optimized Composite Mesh, manufactured by defendants 22 Covidien LP and Medtronic Inc., was implanted. In June 2017 and May 2018, plaintiff reported 23 to her physician that she had concerns the hernia was recurring and that she had a lump in her 24 abdomen and could not push back on it. In September 2018, plaintiff underwent repair of her 25 recurrent ventral hernia and partial removal of the mesh (Compl. ¶¶ 12–18). 26 The complaint alleges that, contrary to defendants’ representations, the Parietex product 27 has a high rate of failure, injury, and complications as evidenced by the numerous reports filed 28 on an FDA database documenting serious adverse events associated with the product. The 1 and effective product for hernia surgery, and that they failed to warn the general public of the 2 …