Transvaginal Mesh Verdict Exceeds $11 Million Against Johnson & Johnson

The first jury verdict against Johnson and Johnson (J&J)’s Ethicon subsidiary has resulted in a powerful statement regarding the pharmaceutical company’s lack of adequate warnings of the health risks posed by the transvaginal mesh implants.  A New Jersey jury awarded a nurse from South Dakota a total damage award of $11.46 million, which was comprised of $3.35 million in compensatory damages and $7.76 million in punitive damages.  The plaintiff suffered serious medical complications after receiving a Prolift Transvaginal Mesh implant that required her to undergo eighteen corrective surgeries.  In light of the jury’s findings, if you or one close to you has suffered physical problems associated with transvaginal mesh, you are urged to contact Audet and Partners, LLP at (800) 965-1461.

The jury verdict was rendered in a New Jersey court where 2,500 other transvaginal mesh injury lawsuits are currently pending.  The massive number of transvaginal mesh lawsuits is pending against several manufacturers, which include Boston Scientific, C.R. Bard, Johnson and Johnson and American Medical Systems.  The lawsuits generally allege that the manufacturer of the medical device failed to provide adequate warnings to surgeons and patients of serious complications that may result from implantation of the surgical mesh.  After the jury rendered its compensatory damage award, the judge considered whether to permit the jury to consider a punitive damage award.  The judge’s decision to authorize a punitive damages award and the substantial amount awarded could significantly impact the thousands of other pending transvaginal mesh injury lawsuits throughout the Unted States.

While the transvaginal mesh product that was the subject of the lawsuit has been recalled, it was previously surgically implanted in thousands of women who suffered from pelvic organ prolapse (POP) or stress urinary incontinence (SUI).  Vaginal mesh was used to treatment incontinence caused by weakening of ligaments caused by childbirth, hysterectomies, and menopause.  The medical device was recalled in part because the FDA warned that the mesh could breakdown after implantation, resulting in infections, complications of the bowel and urinary tract, pain and other serious medical complications.  The most dangerous risk posed by transvaginal mesh also is the most common complication.  When the material erodes (sometimes referred to as “mesh extrusion”), the rough edges of the material may perforate the vaginal lining or other organs in the proximity of the implant.

The FDA issued a notification to the public warning of the serious potential complications associated with transvaginal mesh in 2008.  The federal agency indicated that defects involving the medical device could necessitate revisionary surgery but that such a risk was a rare occurrence.  In 2011, the FDA revised its prior advisory to indicate that serious complications associated with transvaginal mesh were not rare.  Manufacturers of the medical product were later directed to undertake safety studies.  While the post-market safety studies were eventually ordered, approval for transvaginal mesh implants was obtained via the FDA’s fast track approval system, which does not require testing prior to the medical device being placed on the market.

Call Audet and Partners, LLP at (800) 965-1461 for your free consultation

If you have suffered injury caused by a transvaginal mesh implant, our experienced transvaginal mesh injury attorneys at Audet and Partners, LLP offer a free consultation so that we can evaluate your legal claim and advise you of your options.  We invite you to call us at (800) 965-1461 or complete and submit our confidential case inquiry form to the right of this page.  You can also learn more about problems associated with Vaginal Mesh by visiting http://www.vaginalmeshlaws.com.

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