Over the past three years Johnson & Johnson has spent more than $3.4 billion litigating cases involving its medical devices. While the company has suffered some setbacks in the courtroom, earlier this week it got some good news when it again defeated an early test case involving one of its most embattled products.

The U.S. Court of Appeals for the Fourth Circuit ruled Monday that the first of thousands of pelvic mesh cases against J&J to go to trial was properly dismissed for lack of evidence. In an unpublished opinion, the Fourth Circuit upheld lower court rulings tossing the plaintiff’s failure to warn and design defect claims.

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