Ethicon Lawsuits: Plaintiff Awarded $3.35 Million in New Jersey Ethicon Transvaginal Mesh Lawsuit, Bernstein Liebhard LLP Reports

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The case was the first of more than 1,800 Ethicon vaginal mesh lawsuits to go to trial in a consolidated litigation underway in New Jersey Superior Court.

Bernstein Liebhard LLP | Consumer Injury Lawyers
Transvaginal mesh manufactured by Ethicon and other manufacturers has caused countless women so much misery. We are extremely pleased with this verdict.

A New Jersey Superior Court jury weighing arguments in the state’s first trial involving an Ethicon transvaginal mesh lawsuit has awarded $3.35 million to a South Dakota woman who was forced to undergo multiple corrective surgeries after receiving the Gynecare Prolift pelvic mesh device, Bernstein Liebhard LLP reports. By a 7-2 vote, the jury found for the Plaintiff on claims of Failure to Warn and Fraudulent Misrepresentation, according to a report from Bloomberg News.* Judge Carol E. Higbee, who is overseeing the consolidated Ethicon mesh litigation in Atlantic County Superior Court, must now decide if she will permit a trial to determine punitive damages. (Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City).

Plaintiffs' trial team included lead counsel Adam Slater and David Mazie of Mazie Slater Katz and Freeman, Ben Anderson of the Anderson Law Office, and Jeffrey S. Grand, a partner with Bernstein Liebhard LLP. Mr. Grand is serving as Co-Liaison Counsel in the New Jersey consolidated litigation. (In re Pelvic Mesh/Gynecare Litigation, No. 6341-10)

“Transvaginal mesh manufactured by Ethicon and other manufacturers has caused countless women so much misery.    We are extremely pleased with this verdict,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to evaluate potential Ethicon transvaginal mesh lawsuits on behalf of women who suffered mesh erosion, pain, scarring, infection and other serious injuries, allegedly due to the company’s Gynecare mesh products. Court documents indicate that Johnson & Johnson and its Ethicon subsidiary are facing more than 1,800 claims in the New Jersey pelvic mesh litigation.

Ethicon Transvaginal Mesh Lawsuits
In July 2011, the U.S. Food & Drug Administration (FDA) warned that there had been a five-fold increase in reports of serious transvaginal mesh injuries. The FDA also modified its previous position on the frequency of such complications, stating in the alert that injuries associated with the use of pelvic mesh in the transvaginal repair of pelvic organ prolapse were not rare.** Johnson & Johnson’s Ethicon unit announced in June 2012 that it would stop selling four Gynecare transvaginal mesh products, including Gynecare TVT Secur System, Gynecare Prosima Pelvic Floor Repair System, Gynecare Prolift Pelvic Floor Repair System, and Gynecare Prolift+M Pelvic Floor Repair System. The company stated that the action did not constitute a recall, and asserted that sales of the Ethicon mesh products were being ended for commercial reasons, and not due to safety concerns.***

According to Bernstein Liebhard LLP, the FDA advisory sparked a wave of litigation, as thousands of women filed vaginal mesh lawsuits in state and federal courts alleging they experienced painful and life-changing injuries following implantation of transvaginal mesh to treat pelvic organ prolapse and stress urinary incontinence. In addition to the claims pending in the New Jersey litigation, thousands of additional Ethicon vaginal mesh lawsuits have been filed in a federal litigation underway in U.S. District Court, Southern District of West Virginia. Bernstein Liebhard LLP partner Jeff S. Grand is serving as a member of the Plaintiffs’ Steering Committee in the federal Ethicon litigation. (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (“ MDL No. 2327”)

Mr. Grand has also been named to the Plaintiffs’ Steering Committees in three additional transvaginal mesh litigations underway in the Southern District of West Virginia: In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2325”); In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2326); and In re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2187”).

In addition to the Ethicon lawsuits, hundreds of transvaginal mesh claims filed against C.R. Bard Inc. are pending in a second consolidated proceeding underway in Atlantic County Superior Court. Mr. Grand is also serving as Co-Liaison Counsel in the New Jersey C.R. Bard litigation. (In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)

Women who suffered complications following implantation of transvaginal mesh may be entitled to compensation for their medical bills, pain and suffering, and other injuries. Bernstein Liebhard LLP is offering free transvaginal mesh lawsuit evaluations to alleged victims of these devices. A wealth of information regarding the firm's involvement with the ongoing pelvic mesh litigation can be found at Bernstein Liebhard's website, or call 1-877-779-1414 today.

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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