Ethicon to Appeal Bellwether Trial Verdict of $3.27 Million, Rottenstein Law Group LLP Notes

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After the jury in the second bellwether trial involving a vaginal mesh manufactured by Ethicon awarded the plaintiff $3.27 million in damages, Ethicon seeks to have the verdict overturned on appeal.

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A trial decision will be overturned only if there was a mistake of law, however, not facts. We are hopeful that the verdict will stand and Ethicon will be held responsible as the jury thought it should be.

The second federal bellwether trial involving a vaginal mesh product manufactured by Johnson & Johnson subsidiary Ethicon concluded with the jury in the case finding in favor of plaintiff Jo Huskey and awarding her $3.27 million in damages, according to a September 5 Reuters report.* According to the Reuters report, “jurors found Ethicon liable for selling faulty devices and failing to warn patients and their doctors that users were at risk from side effects that include pain, bleeding and infection.”

According to a September 12 report from the State Journal (WV), Ethicon has “already initiated the appeals process with... post-trial motions.”** An Ethicon spokesman reportedly called the verdict “disappointing.”** The case is Huskey v. Ethicon (No. 12-5201; U.S. District Court for the Southern District of West Virginia).

“It is not surprising at all that Ethicon would appeal,” said Rochelle Rottenstein, principal of the Rottenstein Law Group, a New York-based personal injury law firm representing plaintiffs nationwide in lawsuits against Ethicon, the manufacturer of vaginal mesh devices that have allegedly caused serious injuries to women implanted with the devices as treatments for pelvic organ prolapse (POP) and stress urinary incontinence (SUI). “A trial decision will be overturned only if there was a mistake of law, however, not facts. We are hopeful that the verdict will stand and Ethicon will be held responsible as the jury thought it should be.”

The federal Ethicon multidistrict litigation in West Virginia has consolidated approximately 19,000 lawsuits filed by victims alleging injuries caused by the company’s products. The Rottenstein Law Group is currently evaluating Ethicon vaginal mesh claims and encourages anyone who believes they might have cause to file an Ethicon vaginal mesh lawsuit to visit http://gynecareproliftmeshlawsuit.net.

ABOUT THE ROTTENSTEIN LAW GROUP LLP The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)
*http://www.reuters.com/article/2014/09/05/us-ethicon-mesh-verdict-idUSKBN0H01YA20140905

**“Ethicon planning appeal of $3.2 million jury award in transvaginal mesh case.” The State Journal. September 12, 2014. http://www.statejournal.com/story/26515474/ethicon-planning-appeal-of-32-million-jury-award-in-transvaginal-mesh-case

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Rochelle Rottenstein, Esq.
@RotLaw
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