We hope the manufacturer gets the clear message from the jury--that its conduct was unacceptable and that it needs to warn doctors and patients of the dangers accompanying its products.
New York, NY (PRWEB) February 28, 2013
The New Jersey Superior Court jury weighing arguments in a landmark Ethicon transvaginal mesh lawsuit has awarded $7.76 million in punitive damages to Linda Gross, a South Dakota woman who was forced to undergo multiple corrective surgeries after receiving the Gynecare Prolift pelvic mesh device, Bernstein Liebhard LLP reports. According to court documents, the same jury had previously awarded the woman $3.35 million in compensatory damages, after finding for the Plaintiff on claims of Failure to Warn and Fraudulent Misrepresentation. The case was the first Ethicon mesh lawsuit to go to trial in a consolidated litigation underway in Atlantic County Superior Court, as well as the first in the nation to be heard by a jury. (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 & Freeman, Ben Anderson of the Anderson Law Office, and Jeffrey S. Grand, a partner with Bernstein Liebhard LLP. (In re Pelvic Mesh/Gynecare Litigation, No. 6341-10)
“This was an important verdict for the Gross family, as well as thousands of women who have been injured by this product,” said Mr. Slater. “We hope the manufacturer gets the clear message from the jury--that its conduct was unacceptable and that it needs to warn doctors and patients of the dangers accompanying its products,” added Mr. Grand, who is serving as Co-Liaison Counsel in the New Jersey consolidated litigation. In addition to his work in that proceeding, Mr. Grand has been named a member of the Plaintiffs’ Steering Committee for thousands of additional Ethicon mesh lawsuits pending in U.S. District Court, Southern District of West Virginia. (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2327”) Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, continues to offer free case evaluations to women who experienced serious complications, including mesh erosion, pain, scarring, infection and other serious injuries, allegedly due to Ethicon's transvaginal mesh products.
Mr. Grand is also serving on 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”). He has also been named Co-Liaison Counsel in a second litigation underway in Atlantic County Superior Court involving transvaginal mesh lawsuits filed against C.R. Bard. (In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)
Transvaginal Mesh Lawsuits
Transvaginal mesh devices have been under increasing scrutiny in recent years, as more and more women have reported painful complications following transvaginal placement of surgical mesh for the treatment of pelvic organ prolapse and stress urinary incontinence. In July 2011, the U.S. Food & Drug Administration (FDA) warned that there had been a five-fold increase in reports of serious complications associated with the use of transvaginal mesh. The FDA also modified its previous position on the frequency of such complications, stating in the alert that vaginal mesh injuries associated with pelvic organ prolapse repair were not rare.*
Since then, a growing number of transvaginal mesh lawsuits have been filed by women throughout the country who allege they sustained serious, painful and life-changing injuries following implantation of vaginal mesh to treat pelvic organ prolapse and stress urinary incontinence. Court documents indicate that Johnson & Johnson and its Ethicon subsidiary are facing more than 2,100 claims in the New Jersey pelvic mesh litigation.
Bernstein Liebhard LLP is currently offering free legal evaluations to individuals who suffered serious complications following implantation of transvaginal mesh devices to treat pelvic organ prolapse and stress urinary incontinence. Victims of alleged vaginal mesh complications may be entitled to compensation for their medical bills, pain and suffering, and other injuries. A wealth of information regarding the firm's involvement with the ongoing transvaginal mesh litigation can be found at Bernstein Liebhard's website, or by calling 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
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.
# # #
Felecia L. Stern, Esq.
Bernstein Liebhard LLP