Chicago Firm Wexler Wallace LLP Achieves Jury Verdict Against Johnson & Johnson for $3.27 Million

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After a two-week trial in Huskey v. Ethicon, an eight-member jury returned a verdict for Wexler Wallace LLP client Jo Huskey against a Johnson & Johnson subsidiary for $3.27 million.

Edward A. Wallace, from the September 4 Court transcript: 'Ethicon cut corners. . . . [T]hey launched first and worried about problems later.'

After a two-week trial in Huskey v. Ethicon pending in the United States District Court for the Southern District of West Virginia, an eight-member jury returned a verdict for Wexler Wallace LLP client Jo Huskey, who was also represented by Jeffrey M. Kuntz of Wagstaff & Cartmell LLP and Fidelma L. Fitzpatrick of Motley Rice LLC. According to court documents, the jury found that Huskey had proven, by a preponderance of the evidence, her claims for defective design, failure to warn, and negligence related to the implantation of transvaginal tape manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.

The jury verdict awarded Ms. Huskey $3.27 million for her injuries.

According to the Court's September 4 transcript, Edward Wallace’s closing argument highlighted the evidence the plaintiffs presented during the trial, and he noted that “Ethicon was not careful,” and while "there's nothing wrong with competing [and] getting products on the market quickly," the company had to put "[p]atient safety first." Wallace's argument continued, “Ethicon cut corners. . . . [T]hey launched first and worried about problems later."

The case is Jo Huskey, et al. v. Ethicon, Inc., et al. Case Number 2: 12-cv-05201 in the United States District Court for the Southern District of West Virginia.

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Edward A. Wallace
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