The New Jersey Superior Court’s Appellate Division this week tossed a win to C.R. Bard, refusing to reinstate a hernia mesh product liability lawsuit on grounds that expert witnesses couldn’t prove the design of the product was defective or that significant negligence occurred.

In the case, plaintiff Kemuel Goodson claims that implantation of Bard’s 3DMax polypropylene mesh during a laparoscopic bilateral inguinal hernia repair in 2006 caused a number of different complications, including remaining pain and the removal of a testicle, and required a number of future procedures.

In his original suit, the plaintiff asserted claims of defective design, negligence and fraud and misrepresentation.

Bard moved for a summary judgment, which was granted, and the plaintiff appealed, claiming the court “erred in granting summary judgment to the defendant on the plaintiff’s claims of design defect and negligence,” according to court documents.

After review, expert testimony from the plaintiffs’ three expert