NEW YORK, Dec. 18, 2017 /PRNewswire/ -- A New Jersey woman who has endured near constant pain since receiving Ethicon, Inc.'s pelvic mesh devices to treat stress urinary incontinence and pelvic organ prolapse has been awarded $15 million by the Bergen County Superior Court jury convened to hear her transvaginal mesh lawsuit.
The December 14th verdict followed 2 ½ weeks of testimony and nearly a day of deliberations, with jurors finding that Ethicon failed to provide the Plaintiff with adequate warnings regarding the risks associated with its Prolift mesh implant, awarding her $4 million in compensatory damages, as well as $10 million in punitive damages. Ethicon was also ordered to pay $1 million to the Plaintiff's husband for loss of conjugal affection.
While the jury also found that Ethicon had failed to provide the Plaintiff with adequate safety warnings in regards to its TVT-O mesh implant, they determined that Prolift alone was responsible for her injuries. (Case No. L-13686-14)
"This was the second case to go to trial in the New Jersey transvaginal mesh litigation, and the second straight loss for Ethicon in that state. The outcome in this case would seem to bode well for thousands of additional plaintiffs who are currently pursing pelvic mesh lawsuits against Ethicon and other device makers," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues offer free legal reviews to women who may have been harmed by transvaginal mesh implants used to treat pelvic organ prolapse and stress urinary incontinence.
Transvaginal Mesh Litigation
Transvaginal mesh implants are indicated to treat women who suffer from pelvic organ prolapse or stress urinary incontinence. In 2008, the U.S. Food & Drug Administration (FDA) warned that the devices had been associated with at least 1,000 reports of serious injuries and complications, including mesh erosion, scarring and adhesions, and chronic pain. A second alert was released in July 2011, after the number of adverse event reports related to transvaginal prolapse repair tripled, prompting the FDA to reverse its previous stance that such complications are rare.
In 2016, the FDA reclassified transvaginal mesh indicated for prolapse repair as Class III (high risk) medical devices. Among other things, the reclassification made these implants ineligible for the agency's 510(k) clearance program, which had previously allowed such products to come to market without first undergoing human clinical trials.
More than 9,000 transvaginal mesh lawsuits have been filed against Ethicon in the multicounty litigation now underway in New Jersey Superior Court. The state's first pelvic mesh trial concluded in February 2013, after an Atlantic County Superior Court jury awarded $3.35 million in compensatory damages and $7.6 million in punitive damages to a woman who suffered serious complications following implantation of another Ethicon transvaginal mesh device. (In re Pelvic Mesh/Gynecare Litigation, No. 6341-10)
Tens of thousands of transvaginal mesh lawsuits have been filed against Ethicon and other device makers in courts around the country. Of 31 cases that have gone to trial thus far, 22 have concluded with verdicts for plaintiffs and damage awards exceeding $1 million. Defendants have settled hundreds of cases, but thousands remain unresolved.
Women who suffered serious complications allegedly associated with transvaginal mesh may be entitled to compensation for medical bills, lost wages, pain and suffering and more. To learn more, please visit Bernstein Liebhard LLP's website, or call 800-511-5092 to arrange for a free, no-obligation review of your potential claim.
About Bernstein Liebhard LLP Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3.5 billion on behalf of our clients. Bernstein Liebhard LLP is honored to once again be named to The National Law Journal's "Plaintiffs' Hot List," recognizing the top plaintiffs' firms in the country. This year's nomination marks the thirteenth year the firm has been named to this prestigious annual list.
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