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New York NY (PRWEB) September 09, 2014
Transvaginal Mesh Lawsuit News: A West Virginia federal court jury awarded a woman $3.27 million after finding that Ethicon Inc. was liable for selling faulty transvaginal mesh devices and failing to warn patients and their doctors about the product’s side-effects reports the attorneys at The Oliver Law Group. The jury’s verdict came in on September 5 after a two-week trial in the U.S. District Court, Southern District of West Virginia. The woman’s Transvaginal Mesh Lawsuit alleges that shortly after having a Gynecare TVT Obdurate, or TVT-O, pelvic mesh implant to treat stress urinary incontinence in February 2011, the woman, who was 58 year old at the time, began to experience severe pain. The complaint further alleges that the mesh eroded inside of her body and she had the medical device surgically removed in November 2011. (Case No. 12-5201) Court records indicate this is the second vaginal mesh bellwether trial under multidistrict litigation involving Ethicon, a subsidiary of Johnson & Johnson. Bellwether trials help to gauge the strength of the plaintiffs’ claims in similar lawsuits and offer some insight as to how jurors will rule on in future trials. Ethicon is facing 33,000 vaginal mesh lawsuits that are still awaiting litigation.
(In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation – MDL No. 2327)
Reuters reported that the plaintiff was “thrilled” with the verdict and believed it sent a message to Ethicon on how women were seriously injured by the Ethicon’s bladder mesh device. An Ethicon spokesman told Reuters that the company plans to appeal the verdict and contends that the TVT-O sling was “properly designed.” The first bellwether case that went to trial in the West Virginia feral court in February ended in favor of Ethicon, according to Reuters.
[reuters.com/article/2014/09/05/ethicon-mesh-verdict-idUSL1N0R61L720140905, September 5, 2014]
Court documents indicate that Ethicon lost two other jury trials with large awards going to the plaintiffs. In April, a Dallas County, Texas jury in the 95th Judicial District Court, found Ethicon’s TVT-O Mesh Sling to be defective and awarded $1.2 million to a woman who alleged that the mesh, which was used to treat stress urinary incontinence, eroded in her body and caused chronic pelvic pain. (Case No. No. 12-14350) In March 2013, in addition, an $11 million verdict was awarded by a New Jersey Superior Court jury to a woman who alleged injuries by Ethicon’s Gynecare Prolift device.
Transvaginal mesh devices support the bladder, uterus and bowel when they become so weak that they drop from their normal position and bulge (prolapse) into the vagina. Due to the number of complaints the U.S. Food & Drug Administration received regarding transvaginal mesh devices, the federal agency in April, proposed reclassifying these medical devices from “moderate risk” to “high risk.” Reclassifying transvaginal mesh products would require manufacturers of devices already on the market to conduct scientific studies and other safety reviews on their products if they intend to continue selling them in the United States.
[fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm395192.htm, FDA, April 29, 2014]
Court records indicate that Ethicon is one of seven pelvic mesh manufacturers with lawsuits pending in multidistrict litigation in the West Virginia federal court. A total of over 61,000 vaginal mesh complaints are filed in the litigation. The court’s master case list shows that Ethicon has the most pelvic mesh complaints with 19,380 lawsuits pending against the company.
The other companies involved in litigation include:
In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325)
In Re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326)
In Re: C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2187)
In Re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL No. 2387)
In Re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2440)
In Re: Neomedic Pelvic Repair System Products Liability Litigation (MDL No. 2511)
[jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-August-15-2014.pdf, August 15, 2014]
Contact Oliver Law Group P.C. To Learn More About Filing A Transvaginal Mesh Lawsuit
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If you have been injured by a transvaginal mesh device, turn to the law firm with the Experience, Dedication, and Trust you deserve. Contact the Oliver Law Group P.C. for your free transvaginal mesh lawsuit case review by calling 1-800-939-7878 today or visit legalactionnow.com.