Tuesday, March 12, 2013

First Vaginal Mesh Trial against Ethicon Garners Plaintiff $3.35 Million

Just this past week, a jury in Atlantic County, New Jersey, awarded a South Dakota plaintiff, Linda Gross, $3.35 million dollars for injuries suffered from the implantation of Johnson & Johnson Ethicon vaginal mesh. A second phase will follow in which jurors will consider punitive damages as well. New Jersey law currently permits punitive damages of up to five times the compensatory damage amount. In a trial which took over six weeks, Gross v. Ethicon is the first of over 4,000 vaginal mesh lawsuits currently filed against Johnson & Johnson regarding their mesh products.

Over 4,000 Cases to Come

This case is a bellwether trial in the multi-district litigation proceedings which consolidates cases in order to more quickly get them heard in court. Over half of the 4,000 cases are pending in New Jersey state court, most all alleging that Johnson & Johnson & Ethicon failed to warn physicians and women about the potentially catastrophic complications which could result from the Prolift. Further, the lawsuits charge that fraudulent misrepresentations were made to consumers regarding the product.

Problems Following Mesh Implant

Gross, a former hospice nurse, claimed that after her implantation of Prolift mesh in 2005 to treat pelvic organ prolapse she suffered debilitating injuries. Gross, who has undergone 18 surgical procedures in an attempt to correct the complications from the Prolift, is currently taking 20 different medications to address the constant pain she suffers from the mesh which hardened inside her body.

Prolift Withdrawn From Market in 2012

The Prolift mesh device was voluntarily withdrawn by Ethicon in August, 2012 as the lawsuits continued to mount. At the time of the withdrawal of the Prolift from the market, Johnson & Johnson claimed safety was not a concern rather the mesh implants lacked commercial practicality. The attorney for Gross pointed to internal company documents which clearly showed Ethicon was aware the mesh could lead to chronic pain and serious complications.

Plaintiff’s Testimony

Gross characterized her life since receiving the Prolift a “living hell,” as she endured not only the

numerous surgical procedures but more than 400 visits to doctors. In addition to the chronic pain suffered by Gross, other complications from the polypropylene device included mesh erosion, formation of scar tissue, chronic inflammation and neurologic compromise. Gross testified that the Prolift implant had left her unable to work, engage in sexual relations with her husband or even sit for more than twenty minutes at a time. 

Jury Rejects Some Claims, Agrees With Others

While the jury rejected charges of defective design, they did believe Ethicon and Johnson & Johnson were guilty of failure to warn physicians and patients of the potential harm.  Further, the jury found that Ethicon made fraudulent representations to Gross and her physician. While $185,000 was awarded to Gross’s husband for loss of consortium and $680,000 to compensate her for lost past and future wages, the remainder addressed the past and future pain suffered by Gross, as well as medical costs, mental anguish, disability, impairment and household-help expenses.

Verdict Considered “Good News” for Other Women Harmed by Mesh

Gross’s attorney replayed video deposition in his closing argument which substantiated the claim that Ethicon made repeated decisions to ignore reports of complications in their rush to get Prolift mesh to market. Lawyers who are currently defending clients harmed by the Prolift or other transvaginal mesh devices believe this verdict is good news for the thousands of other women harmed by such devices.

Print
0 Comments
Please login or register to post comments.

WARNING: Do not send any information in any email through this website if you consider the information confidential or privileged.

I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to messages regarding this legal matter as well as marketing for other potential legal matters in the future without limitation at standard messaging and data rates unless terminated by me in writing. I further understand that my submission of any and all information in response to this website does NOT create a lawyer-client relationship between myself and Sullo & Sullo, LLP and/or its lawyers, and that any and all information submitted is NOT confidential or privileged. I further acknowledge that, unless Sullo & Sullo, LLP subsequently enters into an Attorney-Client relationship with me, any and all information I provide will NOT be treated as confidential or privileged, and any such information may be used against me and/or for the benefit of current or future clients of Sullo & Sullo, LLP. ...READ ENTIRE DISCLAIMER
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


4.6/5.0

STARS ON YELP
WITH OVER 400 REVIEWS*

*AS OF JANUARY 2024



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2024

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
2016, 2017, 2019-2024

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2024

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP