Johnson & Johnson Hit With $120 Million Pelvic Mesh Verdict

A Philadelphia jury punished a Johnson & Johnson (J&J) subsidiary with a $120 million verdict over claims its pelvic mesh was defectively designed and left a woman with chronic, debilitating pelvic mesh snippain. The verdict, handed down on April 24, awarded plaintiff Susan McFarland $20 million in compensatory damages while hitting Ethicon Inc. to the tune of $100 million in punitive damages.

McFarland’s claims centered on Ethicon’s TVT-O pelvic mesh device she had implanted in 2008 to treat her urinary incontinence. McFarland alleged that the TVT-O eroded through the tissue in her pelvis and eventually had to be partially removed with a second surgery. As a result, she suffers from chronic uterine tract infections and vaginal pain so severe that she has not been able to have sex with her husband for over 10 years. The jury agreed with McFarland’s claims that the TVT-O’s defective design caused the migration of the mesh and was ultimately responsible for her injuries.

RECORD VERDICT

The verdict marked the seventh plaintiff victory and the largest award yet among the pelvic mesh cases tried in the Philadelphia Court of Common Pleas. The total awarded to plaintiffs across these seven cases now exceeds $270 million.

The verdict also comes just over a week after the Food and Drug Administration ordered the manufacturers of pelvic mesh products to stop selling and distributing the devices after the manufacturers failed to provide evidence of its long-term safety.

If you or a loved one has been injured due to a defective pelvic mesh implant, call the Minnesota defective medical device attorneys at GoldenbergLaw for a free consultation. We have the experience and skills required to help you obtain the justice you deserve.

Medical Device Manufacturers Seek Dismissal of Product Liability Lawsuits

In May, the Supreme Court reversed a lower court ruling allowing patent holders to sue companies in states outside of the defendant’s home. In its ruling, TC Heartland v. Kraft Food Brands, the Supreme Court found that the only place a defendant can be subject to a lawsuit is in their home court, where the company has a regular and established place of business.

Similarly, in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, the Supreme Court overturned a lower court ruling that allowed a class action suit against the company for its medication, Plavix. In this case, the Justices determined that, despite the company’s strong ties to California and the 86 plaintiffs from that state involved in the class action, there was not enough of a connection between the state and the company for the lawsuit to progress.

These rulings have emboldened defective medical device manufacturers, Abbott, Johnson & Johnson, and Boston Scientific to seek similar decisions from the Supreme Court regarding various lawsuits the companies are facing. For Abbott, the lawsuit involves patent infringement and seems to fit neatly into the decision made in the TC Heartland ruling. Johnson & Johnson and Boston Scientific have cited that ruling in their arguments, but are relying more heavily on the outcome of the Bristol-Myers Squibb decision to put an end to legal action they are facing.

Boston Scientific & Ethicon Seeking to Dismiss Pelvic Mesh Lawsuits

Both Boston Scientific and Johnson & Johnson are seeking a dismissal of several lawsuits surrounding defective pelvic mesh products. Law360 reports that Boston Scientific and Ethicon, a subsidiary of Johnson & Johnson, have urged a Pennsylvania state judge to dismiss claims from out-of-state victims, citing these latest Supreme Court decisions. While the state court has yet to make a decision, complications could arise for those who were injured outside of the home state of these pharmaceutical giants regardless.

Our experienced and dedicated product liability attorneys will continue to fight for the rights of men, women, and children injured by negligent medical device manufacturers irrespective of the state in which injury occurred. Call us at 612-436-5026 to schedule a free consultation and learn more.

The Dangerous of Defective Mesh Products

Defective hernia and pelvic mesh have caused serious complications for thousands of patients. Bowel perforation and obstruction complications are the most common complaints made to the FDA, but other issues including mesh migration, fluid buildup, excessive bleeding, and serious infection have also been reported.

Several lawsuits have been brought against Ethicon and Boston Scientific following years of inaction on the part of these companies despite knowledge of the dangers their devices pose. If you or someone you love has suffered injury from a pelvic or hernia mesh, GoldenbergLaw is here to help. Located in Minneapolis, our defective medical device lawyers serve victims of serious injury throughout the United States. Call us at 612-436-5026 to schedule a free consultation and learn how we can help you get the total compensation you deserve.