Jury Rules Against Johnson & Johnson in California; Case Settles in West Virginia

Jury Rules Against Johnson & Johnson in California; Case Settles in West Virginia

Posted By The Maher Law Firm || 10-Mar-2015

transvaginal mesh lawyer Orlando

Jury Rules Against Johnson & Johnson in California; Case Settles in West Virginia

A day after a California jury returned a $5.7 million verdict in a defective transvaginal mesh claim against Johnson & Johnson and its subsidiary, Ethicon Inc., , the companies opted to settle four days into a separate trial in West Virginia, according to several news reports.

The two cases are among the tens of thousands of transvaginal mesh lawsuits that have been filed in state and federal courts across the country against Johnson & Johnson's Ethicon unit and other manufacturers of these devices.

All defective pelvic mesh claims filed in federal courts have been centralized in the U.S. District Court for the Southern District of West Virginia before the Honorable Joseph R. Goodwin.

Those "multidistrict litigation" proceedings, or MDLs, include claims against Ethicon, C.R. Bard, Inc., Boston Scientific Corp., Coloplast Corp., Cook Medical, Inc., American Medical Systems, Inc., and Neomedic.

California Jury Finds 'Malice,' Awards Punitive Damages in TVT Abbrevo Case

On March 5, a jury in a state court in Kern County, California, found Ethicon liable for injuries involving the TVT Abbrevo transvaginal mesh product and for its alleged failure to warn of the product's risks, Reuters reports.

According to Reuters, the plaintiff claimed that she suffered pain shortly after the device was implanted in 2011 due to erosion of the mesh in her body. The mesh had been prescribed to the woman for treatment of stress urinary incontinence.

Even though Ethicon's lawyers argued that the product had been vetted before it was sold in the U.S., the jury ruled for the plaintiff. In addition to awarding $700,000 in compensatory damages, the jury found that Ethicon acted with "malice" and awarded an additional $5 million in punitive damages.

An Ethicon spokesperson told Reuters that the company continues to stand behind the safety and effectiveness of the TVT Abbrevo (and its marketing of the product) and believed there were "strong grounds for appeal."

The news outlet reports that this marks the fourth time a jury has ruled against Ethicon in a transvaginal mesh trial. This was the first trial involving the TVT Abbrevo product.

Prolift Case Settles Four Days into Federal Court Trial

The next day, March 6, Johnson & Johnson and Ethicon resolved another claim against them in the U.S. District Court for the Southern District of West Virginia.

HarrisMartin.com reports that the settlement was reached four days into the federal court trial involving an Arizona woman who claimed injuries after being implanted with Ethicon's Prolift Anterior Pelvic Floor Repair System.

Reuters dubbed the case a "bellwether trial," or a trial that the parties may use to determine their approach to future litigation.

No media outlet has reported the amount of the settlement.

If you or a loved one has suffered health problems after receiving a transvaginal mesh implant for the treatment of stress urinary incontinence (SUI) or pelvic organ prolapse (POP), now is the time to take action and protect your rights.

The Maher Law Firm is available to provide immediate help. Simply call or contact us online today for a free consultation.

Blog Home