Polk v. Davol, Inc. et al

Filing 6

ORDER granting 5 Motion to Dismiss. Signed by Judge Edmund A. Sargus on 2/6/2024. (cmw)

UNITED STATES DISTRICT COURT
THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
IN RE: DAVOL, INC./C.R. BARD,
INC., POLYPROPYLENE HERNIA
MESH PRODUCTS LIABILITY
LITIGATION

Case No. 2:18-md-2846
Judge Edmund A. Sargus, Jr.
Magistrate Judge Kimberly A. Jolson

This document relates to:
Polk v. Davol, Inc., et al.
Case No. 2:23-cv-2419
ORDER
On March 8, 2022, Plaintiff Sheila Polk filed a complaint in this multidistrict litigation
(“MDL”) (Case No. 22-cv-1402, ECF No. 1). In the complaint, Plaintiff asserts several claims
based on alleged injuries caused by a Ventralex hernia mesh device. (Id.) On July 27, 2023,
through different counsel, Plaintiff filed another complaint in this MDL, also alleging injuries
caused by the Ventralex. (ECF No. 1.) On December 22, 2023, Defendants filed a motion to
dismiss the instant action as duplicative of Case No. 22-cv-1402. (ECF No. 5.) Plaintiff did not
file a response, and the Court will therefore treat the motion as unopposed. Accordingly,
Defendants’ motion (ECF No. 5) is GRANTED and this case is DISMISSED.
IT IS SO ORDERED.

2/6/2024
DATE

s/Edmund A. Sargus, Jr.
EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE