N.J. Jury Awards $3.35 Million in Damages to Plaintiff in Vaginal Mesh Lawsuit
A New Jersey jury has awarded $3.35 million in compensatory damages to a 47-year old nurse who filed a vaginal mesh lawsuit against Johnson & Johnson’s Ethicon unit after allegedly being forced to undergo multiple revision surgeries to remove its Gynecare Prolift device.
According to a report from Bloomberg.com, the Atlantic City jury found Feb. 25 that the Johnson & Johnson subsidiary neglected to warn the South Dakota plaintiff’s surgeon of the risk for side effects stemming from the vaginal mesh implant before implanting her with it. The company also fraudulently misled her, which may have resulted in her constant pain and discomfort, the court ruled.
“This verdict establishes that Johnson & Johnson and Ethicon failed to tell physicians and women the truth about the catastrophic complications that can result from the Prolift,” the plaintiff’s attorney said in an interview.
2,100 Vaginal Mesh Lawsuits Filed over Ethicon’s Gynecare Prolift Device
This transvaginal mesh lawsuit was the first of approximately 2,100 to go to trial over Ethicon’s Gynecare Prolift device, used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women.
The New Jersey jury is now preparing to weigh punitive damages in this case, which may add up to $16.75 million. Superior Court Judge Carol Higbee is permitting the South Dakota plaintiff to ask for punitive damages from the defendant, which could punish them for wanton behavior.
In a statement released Feb. 25 by the company, the vice president of communications at Ethicon Surgical Care said: “We will present evidence to the jury tomorrow in the punitive phase of the trial, which followed a mixed verdict by the jury.”
“While we are always concerned when a patient experiences medical conditions like those suffered by the plaintiff, all surgeries for pelvic organ prolapse present risks of complications,” the Ethicon official added.
In compensatory damages, Johnson & Johnson’s Ethicon was ordered to pay $1.1 million for her pain and suffering, $180,000 in lost wages, $500 for lost wages incurred in the future, $385,000 for medical treatment, $1 million for medical treatment incurred in the future, and $180,000 in damages to relations with her husband caused by the injury.
According to the Feb. 26 article from Bloomberg.com, 70,000 vaginal mesh devices were used in U.S. women during 2010.
Considering a Transvaginal Mesh Lawsuit? Contact Us.
If you experienced constant pain, revision surgeries, and/or other complications after being implanted with a vaginal mesh implant, you may be eligible to receive compensation for your injuries. Contact an attorney at Bernstein Liebhard LLP to learn more about transvaginal mesh lawsuits by calling (877) 779-1414.