Trial Judge Upholds $11.1 Million Verdict in Johnson & Johnson Vaginal Mesh Suit
An $11.1 million verdict delivered in a transvaginal mesh lawsuit against Johnson & Johnson’s Ethicon unit is upheld by a NJ judge.
A New Jersey judge has denied a request by Johnson & Johnson to overturn an $11.1 million verdict in one of the first transvaginal mesh lawsuits to go to trial, involving injuries associated with the Gynecare mesh device manufactured by J&J’s Ethicon unit. In February 2013, a NJ jury ruled that a Gynecare Prolift vaginal mesh product implanted in Linda Gross caused her to sustain serious injuries, and that the medical device maker failed to provide her and her doctor with adequate warnings about the potential risks associated with the mesh prior to its use. As a result, the jury ordered Johnson & Johnson’s Ethicon subsidiary to pay $3.35 million in compensatory damages, plus another $7.76 million in punitive damages, for Gross’ vaginal mesh injuries.
Potential Side Effects of Transvaginal Mesh
Following the initial trial, J&J argued that the evidence presented at trial did not support the verdict, but New Jersey Judge Carol E. Higbee denied J&J’s request for a new trial or for judgment on the company’s behalf. According to Judge Higbee, not only was there sufficient evidence supporting the claim that Ethicon failed to warn Gross about the risk of injury associated with its Gynecare Prolift device, but also that the medical device maker was aware of problems with its vaginal mesh device, but allowed it to go to market anyway. J&J also argued that the size of Gross’ vaginal mesh award was excessive, but Judge Higbee ruled that the jury had the right to issue a verdict considerably higher than even the $11.1 million.
Lawsuits Filed Over Vaginal Mesh Injuries
Johnson & Johnson and its Ethicon subsidiary are just two of the medical device makers facing a combined total of nearly 60,000 lawsuits filed on behalf of women who claim to have suffered serious injuries as a result of defective vaginal mesh devices. All of the complaints involve similar allegations regarding painful and disfiguring side effects resulting from the use of surgical mesh to repair pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women. The lawsuits claim that mesh manufacturing companies sold defective and potentially dangerous products to the public, while concealing information about the risk of surgical mesh eroding through the vagina, causing infections and other injuries.
Contact a Surgical Mesh Attorney Today
According to a case list issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML) on July 15, there are currently 18,501 surgical mesh lawsuits pending that involve Johnson & Johnson devices, 17,901 involving American Medical Systems mesh, 12,199 involving Boston Scientific mesh, 8,667 involving Bard Avaulta mesh, 1,506 involving Coloplast mesh, 213 involving Cook Medical mesh, and about 73 lawsuits involving Neomedic Pelvic mesh. If you believe you have been adversely affected by side effects of transvaginal mesh, our consumer advocates at the Leading Justice can help. We are dedicated to protecting the rights of consumers harmed by defective medical devices, and can help put you in touch with an experienced product liability lawyer today.
[box type=”note” align=”aligncenter” ]Source: http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-July-15-2014.pdf[/box]
