On September 7, 2017, a Philadelphia pelvic mesh jury returned its verdict n favor of the plaintiff and against defendant Ethicon, a subsidiary of Johnson & Johnson, in the total amount of $51.7 million, which included $7.1 million in compensatory damages and $50 million in punitive damages. The pelvic mesh jury deliberated over three days after a trial that lasted approximately one month before finding in favor of the plaintiff.
The plaintiff is a 51-year-old woman who was initially diagnosed with urinary incontinence in 2005. To treat her urinary incontinence, Ethicon’s TVT-Secur pelvic mesh was implanted in her in 2007. The woman did not experience any benefit from the initial pelvic mesh implanted in her which led to a second surgery two months later during which a second pelvic mesh was implanted in her. Between 2011 and 2016, the woman experienced the pelvic mesh eroding into her urethra on three occasions that required three revision surgeries. The woman claimed that she has chronic incontinence and is in constant pain as a result.
The plaintiff alleged that Ethicon failed to tell physicians and patients about the risks assocaited with its pelvic mesh devices and also withheld information from physicians about the complications associated with the devices. It has been reported that Johnson & Johnson’s internal emails regarding the pelvic mesh products were compelling evidence submitted to the Philadelphia pelvic mesh jury. With regard to the internal emails, the plaintiff’s lawyer stated, “It showed there were many attempts to manipulate the literature … and they continued to sell them knowing this information. They made the case almost indefensible.”
A spokesperson for Ethicon stated after the Philadelphia pelvic mesh jury returned its massive verdict against it that Ethicon planned to appeal the jury’s decision: “We believe the evidence showed Ethicon’s TVT and TVT-Secur devices were properly designed, Ethicon acted appropriately and responsibly in the research, development and marketing of the products, and the products were not the cause of the plaintiff’s continuing medical problems.”
More than 100 pelvic mesh cases are presently pending in Philadelphia.
A pamphlet provided by Ethicon that was copyrighted in 2015 warns, “There is also a risk that the mesh material may erode into another organ such as the bladder or urethra (mesh erosion) and cause pain and additional problems. Mesh erosion would likely require additional surgery to remove the mesh from the organ. Synthetic mesh is a permanent medical device implant. You should carefully discuss the decision to have surgery with your surgeon and understand the benefits and risks of mesh implant surgery before deciding how to treat your condition.” Source
If you or a family member were implanted with pelvic mesh or other surgical mesh and suffered complications, injuries, or chronic pain afterwards, you should find a mesh claim lawyer in your U.S. state who may investigate your surgical mesh claim for you and represent you in a claim against the manufacturer, distributor, and/or supplier of the surgical mesh, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find surgical mesh claim attorneys who may assist you.
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