Jury Orders Johnson & Johnson to Pay $7.76 Million Punitive Damage Award in Transvaginal Mesh Lawsuit

Share Article

Linda Gross’s groundbreaking jury award raises hope for thousands of similarly situated victims. Balkin & Eisbrouch, LLC continues the fight against Ethicon with the filing of several new transvaginal mesh lawsuits.

On February 25, 2013, the New York Times reported a verdict in the amount of $3.35 million issued by a New Jersey jury in favor of Linda Gross who sued Johnson & Johnson for the life-altering injuries she sustained from Ethicon’s Prolift vaginal mesh. On February 28, 2013, Reuters revealed that the implant manufacturer would be forced to pay an additional $7.76 million in punitive damages to the plaintiff.

Balkin & Eisbrouch, LLC, leading trial attorneys in transvaginal mesh lawsuits across the country, emphasizes what this verdict means for the thousands of victims who have raised similar allegations against not only Johnson & Johnson, but also against the makers of other mesh implants. According to co-founding partner Charles Balkin, "Justice has been served in this bellwether case, and this multi- million dollar verdict is extremely encouraging news for plaintiffs around the nation who are demanding compensation for their own vaginal mesh injuries.”

Linda Gross v. Ethicon, Case No. Atl-L-6966-10, was filed in the Superior Court of Atlantic County, New Jersey (Atlantic City) in November 2008. According to the Reuter’s announcement of the punitive award, the trial marked the first of about 1,800 cases pending in New Jersey state court against Johnson & Johnson and its subsidiary, Ethicon. The trial began on January 10, 2013 and lasted about 6 weeks before jurors concluded that Johnson & Johnson was liable for failing to warn about the Prolift implant’s latent dangers and had made fraudulent misrepresentations regarding the safety and efficacy of its product.

Throughout her testimony as documented on the Courtroom View Network, Linda Gross maintained that complications created by her transvaginal mesh turned her life into a “living hell”.” The 47-year-old South Dakota plaintiff, who was forced to endure 18 corrective surgeries as a result of the mesh eroding and hardening inside of her body, reiterated the dramatic change in her quality of life since her ordeal began. "Who you see standing here now is not who I was,” she told jurors. “I was eager and energetic, loved to go to work, loved to participate in church activities, school activities." Evidently, the jury perceived a much different woman testifying before them.

As compensation for her medical expenses, pain and suffering, and lost income, Ms. Gross was awarded $3.35 million, which included $185,000 in damages to her husband for loss of spousal consortium. The announcement of the punitive award brought the total award of damages to $11.1 million. Johnson & Johnson has announced that it will appeal both the compensatory and punitive verdicts, according to Bloomberg News.

In the months since this verdict was handed down, the law firm of Balkin & Eisbrouch, LLC has continued the battle Johnson & Johnson and the makers of other surgical mesh implants. Since April 29, 2013 they have leveled 2 lawsuits (Case Nos. 2:13-CV-12170 and 2:13-CV-09404) against the manufacturing giant as part of the ongoing multidistrict litigation entitled Re: Ethicon Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327, currently pending in the Southern District of West Virginia. On May 31st, another case was filed in Superior Court of Atlantic County New Jersey (Atl-L-002643-13), the same jurisdiction that heard the trial of Linda Gross.

All three cases are reminiscent of the Linda Gross case with allegations of serious transvaginal mesh complications such as erosion, hardening, chronic pain and the need for revision surgery. Common counts against the manufacturers include negligence, strict liability, fraudulent concealment, negligent misrepresentation, and demands for punitive damages.

About Balkin & Eisbrouch

Balkin & Eisbrouch, LLC is a nationally recognized Product Liability firm, and a leader in transvaginal mesh litigation with more than 40 years of experience helping victims of defective medical devices. They provide information on vaginal mesh complications on their website and offer free legal help for victims nationwide. Balkin & Eisbrouch represents clients in product injury, mass tort, and class action lawsuits.

Balkin & Eisbrouch, LLC
126 East 56th Street
New York, NY 10026
Tel: 855.888.2529

Related Links

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Andrew Orlander
Visit website