Women who were implanted with vaginal mesh from any of those companies and who believe they have suffered the often debilitating side effects of the mesh should be encouraged by the verdict in New Jersey.
Atlantic City, NJ (PRWEB) February 26, 2013
On the heels of a Feb. 25 $3.35 million transvaginal mesh verdict in New Jersey Superior Court, the Rottenstein Law Group, a transvaginal mesh law firm, assesses what the verdict means for the more than 1,800 other cases pending in the United States.
Linda Gross, 47, a nurse from South Dakota, alleged that Johnson & Johnson subsidiary Ethicon’s Gynecare Prolift was unsafe and not designed properly. The jury found that Ethicon failed to adequately warn Gross’s surgeon of the risks associated with the Prolift vaginal mesh and had improperly marketed the device, but did not find that the mesh was improperly designed, according to Reuters.*
Rochelle Rottenstein, principal of the Rottenstein Law Group, said the New Jersey trial is a good sign for mesh lawsuits in other state cases and for those in the federal multidistrict litigations (MDLs 2187, 2325, 2326, 2327 and 2387, U.S. District Court, Southern District of West Virginia (Charleston)). The Rottenstein Law Group maintains an informational website on vaginal mesh cases and has been following the trial daily via news reports and the Courtroom View Network.
“The outcome of a first trial, while not a definite indicator of future outcomes, nevertheless provides some insight into how future trials could potentially play out,” Rottenstein said, noting that in the federal MDLs there are four other companies who are also defendants because of allegations surrounding their mesh products—C.R. Bard, Inc., AMS, Inc., Boston Scientific Corp. and Coloplast Corp. “Women who were implanted with vaginal mesh from any of those companies and who believe they have suffered the often debilitating side effects of the mesh should be encouraged by the verdict in New Jersey.”
In addition to the $3.35 million in compensatory damages, the jury will consider punitive damages, according to Bloomberg.** New Jersey law limits that value to five times the compensatory amount, Bloomberg said, which is $16.75 million. Johnson & Johnson is expected to seek to avoid incurring punitive damages.
Gross endured 18 corrective operations following the 2006 implantation of the mesh to treat pelvic organ prolapse. She testified that she experienced serious side effects, including mesh erosion, scar tissue, inflammation and "neurologic compromise to ... structures and tissue,” according to Reuters. The Prolift was taken off the market in 2012.
Status conferences for the MDLs are ongoing. At least one other trial was set to begin this month involving Bard.
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group 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. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com