Transvaginal Mesh Plaintiff Awarded $3.27 Million in Ethicon Case
A federal jury weighing arguments over an Ethicon transvaginal mesh implant decided after only two weeks of trial to award the plaintiff more than $3.27 million in damages caused by a device associated with pain, infection and other side effects.
According to a Reuters report on September 5th, jurors in the U.S. District Court, Southern District of West Virginia found the Johnson & Johnson company liable for not only failing to warn patients and their doctors about risks that may stem from its implants, but also for selling defective products in the first place. This was the second Ethicon trial in West Virginia federal court, according to the Reuters article, and lasted less than two weeks. Court documents show more than 19,380 lawsuits now filed in the federal multidistrict litigation involving Ethicon mesh.
Court records indicate that the plaintiff in this transvaginal mesh lawsuit was 52 years old when she received the Gynecare TVT-O vaginal mesh device in 2011, after which time she began to suffer pelvic pain. A year after receiving the implant, her and her husband filed their case against Ethicon. The lawyer for the plaintiff says their $3.27 million verdict “sends a very clear message to Ethicon that these products and these cases are extremely serious.”
Ethicon Vows to Appeal Transvaginal Mesh Verdict
The first Ethicon trial to be heard in West Virginia federal court ended in February with a victory for the pelvic mesh manufacturer. Before that, a New Jersey jury awarded $11 million to the mesh plaintiff in a state court trial that concluded last year.
According to Reuters, Johnson & Johnson’s Ethicon plans to appeal the most recent West Virginia federal court verdict. The company continues to defend the safety of its TVT-O mesh sling, in a statement that said it “was properly designed, and Ethicon acted appropriately and responsibly in the research, development and marketing of the product.”
Ethicon Inc. is not the only transvaginal mesh manufacturer preparing to defend mounting litigation over its implants, however. In the Southern District of West Virginia, cases involving products from C.R. Bard Inc., American Medical Systems and Boston Scientific Corp. have been centralized in separate federal multidistrict litigations for pretrial proceedings.
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Contact our Firm for more about the latest verdict against Johnson & Johnson and Ethicon, and for more information about how to file a lawsuit of your own: (877) 779-1414.