CHICAGO – U.S. District Judge Staci Yandle properly struck an affidavit of Effingham urologist Pernankel Nayak and granted judgment to Johnson & Johnson in a pelvic mesh suit, Seventh Circuit appellate judges ruled on June 15.
Yandle
BENTON – U.S. District Judge Staci Yandle shut down a pelvic mesh suit, finding physician Pernankel Nayak of Effingham contradicted his earlier declaration at a deposition and stated he didn’t write it.
Yandle struck the declaration on May 4, credited Nayak’s deposition testimony, and granted summary judgment to defendants Johnson & Johnson and Ethicon.
Plaintiff Dianne Donaldson of Effingham County had asked Yandle to strike only the portions of the declaration Nayak disowned.
Michael Meyer of Effingham filed her suit in district court in 2015, claiming mesh from two devices in an implant eroded into her tissues.
Former district judge David Herndon transferred it to multi district proceedings before District Judge Joseph Goodwin of Charleston, West Virginia.