Federal Judge Finds for Johnson & Johnson in First Transvaginal Mesh Lawsuit Over TVT Sling
The federal Ethicon transvaginal mesh lawsuit litigation saw a victory for the defense this week when a judgment for Johnson & Johnson was found in the first case to go to trial over its bladder slings.
The ruling, which was issued on February 17th in the U.S. District Court, Southern District of West Virginia, marked the completion of the federal proceeding’s first bellwether trial, according to Bloomberg.com.
12,000 Claims Now Pending in Federal Ethicon Vaginal Mesh Lawsuit Litigation
Court documents indicate that this case, which alleged injuries caused by the company’s TVT Retropubic sling, is the first of 12,000 vaginal mesh claims against Johnson & Johnson to be heard in federal court. Women in these cases also name products from Ethicon’s line of Gynecare devices.
The judgment for this vaginal mesh lawsuit was granted just a week after the trial’s start date on February 10th. In that time, U.S. District Judge Joseph Goodwin concluded that the plaintiff failed to present enough material showing that the TVT bladder sling received was improperly manufactured by Johnson & Johnson and its subsidiary, Ethicon., and that those defects caused her injuries. According to claims brought by the 59-year old woman from Texas, a procedure to treat incontinence later resulted in shrinkage of the implant, as well as damage to her organs and pain during sexual intercourse.
The woman’s lawyers “failed to present sufficient evidence to support her claim that a defect in the device caused her injury,” said officials for the defendant, who also added that more than a million women have received Johnson & Johnson’s TVT Retropubic bladder sling since it was approved in 1998.
This decision follows an order last year from the U.S. Food and Drug Administration (FDA) that 31 vaginal mesh manufacturers produce data involving rates of complication and organ damage associated with their implants as a requirement to continue selling them.
In 2010, Bloomberg reports that 10,000 vaginal mesh surgeries were administered in the U.S. These operations involved devices from American Medical Systems, Boston Scientific Corp., and C.R. Bard Inc., in addition to those marketed by Ethicon.
Ethicon transvaginal mesh lawsuits over the company’s Gynecare devices have also been consolidated in a proceeding established in New Jersey’s Atlantic County Superior Court. Court documents indicate that over 4,000 cases are now pending in this litigation.
Filing an Ethicon Mesh Lawsuit
If you were allegedly victimized by a mesh device from Ethicon, you may be eligible to file a vaginal mesh lawsuit. Call an attorney today at (877) 779-1414 for more information.