The first federal bellwether trial over a Johnson & Johnson unit’s pelvic mesh product has been tossed out by the judge overseeing the litigation.

U.S. District Judge Joseph Goodwin, overseeing nearly 13,000 cases filed in federal court over Ethicon Inc.’s mesh devices, granted a motion for judgment as a matter of law on Wednesday. Ethicon had argued that plaintiff Carolyn Lewis failed during trial to produce enough evidence that the design of its TVT device caused her to have pain during sex or that a safer, alternative design was available at the time she had it implanted in 2009.

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