Pelvic Mesh Lawsuit Funding Firm, Fair Rate Funding, Reports an Overturned Mesh Verdict in Baptiste v. J&J

Nov 11, 2015, 09:00 ET from Fair Rate Funding

MANASQUAN, N.J., Nov. 11, 2015 /PRNewswire/ -- Fair Rate Funding, a leader in pelvic mesh lawsuit funding, reports that a recent trial court jury verdict in favor of plaintiff, Linda Batiste against defendant, Ethicon and their parent company, Johnson and Johnson was reversed in Texas. The Batiste case was the first mesh case to go to trial in that state. The jury decided Johnson & Johnson's (J&J) TVT-Obturator (TVT-O), made by Ethicon, a division of J&J, was defective in its design and awarded Ms. Batiste $1.2 million

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On Thursday, a Dallas appeals court sided with Johnson & Johnson thereby overturning the jury's verdict that would have forced the company to pay $1.2 million to Batiste. The case is Johnson & Johnson et al. v. Batiste, case number 05-14-00864-CV, in the Texas Court of Appeals for the Fifth District.

The Batiste case involved the use of the TVT-Obturator (TVT-O) mesh product. There was testimony that illustrated to the jury the type of mesh (Prolene), which is also used for hernia repair procedures, is considered a heavyweight mesh and much too heavy for use in the pelvic area. There was also testimony that the product was mechanically cut with a small-pore which, according to experts, caused an increased risk of infection. The jury agreed with the plaintiff's attorneys and awarded $1.2 million dollars to Batiste. 

The defendant's appeal argued there was no evidence of a specific design defect which proximately caused the plaintiff's complications. Although the three (3) judge panel admitted that the product could cause complications, their opinion centered on the lack of evidence to support the jury's verdict and overturned the verdict.

The decision prompted an increase in emotions in an already tense "patients v. large corporations" setting.

Paul M. Coppola, President of Fair Rate Funding, a lawsuit funding business which specializes in offering "lawsuit loans" to pelvic mesh plaintiffs, commented on the decision: "It is understandable that this decision and the recent decision in the Cavness case are unfortunate to those affected by pelvic mesh complications." Cavness v. Kowalczyk et. al., Case # DC-14-04220.

Since learning of the problems caused by defective pelvic mesh, Fair Rate Funding has worked with thousands of plaintiffs in an effort to secure TV mesh lawsuit funding. These funds are used to help clients pay for ordinary expenses or whatever financial matters arise. There are absolutely no restrictions on the use of the money and no upfront costs to apply.

"There are still over 40,000 product liability actions filed against Ethicon and J & J," Coppola continued. I am still optimistic about their chances of recovery."

By offering cash now to help pay for any type of expense such as car loans, rent and mortgage payments, utility payments, personal loans, and daily living expenses, Fair Rate Funding eases some of the financial stress these plaintiffs endure. There are no restrictions on the use of the funds. 

For more information on how Fair Rate Funding helps victims of Transvaginal Mesh with TV mesh lawsuit funding, visit

Fair Rate Funding specializes in advancing cash now for plaintiffs who are involved in all types of personal injury lawsuits including pelvic mesh. Sometimes referred to as settlement loans or lawsuit loans, settlement funding is NOT a loan transaction but a purchase of a portion of a future recovery.  If the lawsuit is unsuccessful for any reason and no money is recovered, the lawsuit funding is not repaid. For answers to frequently asked TV mesh or pelvic mesh lawsuit funding questions, visit:

Fair Rate Funding stands ready to assist Trans Vaginal Mesh lawsuit plaintiffs with a TV mesh lawsuit funding, if they already retained an attorney. To learn more about obtaining TV mesh lawsuit funding on your TV Mesh lawsuit in general, visit: For more information about TV mesh lawsuit funding as it pertains to Ethicon and Johnson and Johnson, visit:

Fair Rate Funding's representatives are working around the clock to make sure each and every client gets the attention they need and to see them through to obtaining a cash advance. Fair Rate Funding is able to offer the lowest rates in the industry and makes the process as seamless as possible.

Lawsuit settlement funding programs are not a lawsuit loan or lawsuit loans although they are often referred to as such. A pre-settlement lawsuit cash advance is not a settlement loan or settlement loans because the advance is only repaid if the case is successful. Your attorney will repay your case funding or lawsuit advance ONLY if your case is won or settled.

Fair Rate Funding prides itself on providing the quickest approvals – as soon as 24 hours on most cases, the lowest usage rates, and the most attentive customer service in the lawsuit funding industry.

Fair Rate Funding also offers free case evaluations. If you are, at any time, not interested in pursuing lawsuit funding, there are no costs to you and absolutely no obligations.

For more information about lawsuit funding and other services from Fair Rate Funding, simply call a representatives at 888-964-2224 or visit us at

SOURCE Fair Rate Funding