Defective Products, Product Liability, Transvaginal Mesh
In February 2013, a New Jersey jury paved the way for future lawsuits against transvaginal mesh manufacturers by awarding a Linda Gross, a South Dakota woman, $11.1 million dollars in damages. Her award included $3.35 million in compensatory damages and $7.76 million in punitive damages sending a strong message to J&J and other transvaginal mesh manufacturers. The case, which is the second transvaginal mesh case to go to trial, marks the first time punitive damages have been awarded to punish J&J for their conduct. The suit alleged that J&J failed to adequately test the safety of their product, designed a product too dangerous for its intended use, and failed to warn doctors and consumers of the risks associated with the product. The jury felt the company’s conduct was unacceptable, and acted accordingly by applying punitive damages.
This award opens a door for the tens of thousands of pending cases, and will affect how J&J and other manufacturers handle cases in the future.
This leaves a burning question: how will the verdict of this case impact future lawsuits against J&J and other transvaginal mesh manufacturers? In addition to the 2,100 lawsuits against J&J pending in New Jersey alone, it is reported that an estimated 11,000 additional claims have been filed against manufacturers of transvaginal mesh manufacturers including Ethicon, C.R. Bard Inc, Boston Scientific Corp, Endo Health Solutions’ American Medical Systems Inc, and Coloplast. These cases have been consolidated into five Multildistrict litigation (MDL) cases which are currently pending in a federal court in West Virginia.
As one of the first of the 2,000 cases in New Jersey to go to trial, Gross’ lawsuit is known as a bellwether case. When multiple cases are based on a the same claim, one or more cases may be chosen to be bellwethers, which act as an indicator of trends that may occur in other cases in the MDL. A bellwether case can be vital in the litigation of MDL cases, not only because its outcome will impact how other cases in the MDL will be handled, but because it can offer relief to plaintiffs who have been waiting for updates in the litigation. Bellwether cases are often followed closely by the legal community since the outcome can have a tremendous impact on similar cases that follow. Reports indicate that the outcome of Gross’ bellwether case will have a substantial effect on how J&J will handle future cases.
A member of the Gross’ legal team stated that the punitive damages handed down in the verdict was “a strong statement to Johnson & Johnson and Ethicon that they cannot put profits before women’s safety.” This award opens a door for the tens of thousands of pending cases, and will affect how J&J and other manufacturers handle cases in the future. Each claimant will have to prove they were injured by the mesh product; however, the evidence of J&J’s misconduct established in Gross’ case will not change, giving claimants an advantage in future litigation and settlements. Reports project that J&J will likely be more open to settlements instead of returning to trial to face the possibility of additional punitive damages and extensive compensatory awards.
The verdict has been said to have given women who sustained injuries as a result of transvaginal mesh implants a “voice.” Women across the country are taking this opportunity to step forward and inquire about potential claims of their own. Anyone who believes they may have a potential case for damages for injuries against a transvaginal mesh manufacturer is recommended to familiarize themselves with FDA warnings about the product and contact an attorney to discuss potential options.
About the Author: Greg Coleman is a leading personal injury attorney in Knoxville, Tennessee and the founder of the Greg Coleman Law Firm. He has a reputation of fighting the hard fight for clients throughout Tennessee who have been injured by negligent medical manufacturers and pharmaceutical companies. He has won more than $180 million in successful verdicts and settlements and will fight passionately for your rights. Call the Greg Coleman Law Firm at 1-800-HURT-NOW today for a free consultation and review of your case.
Originally published on LawyerCentral by Greg Coleman on March 28, 2013 Read the original (Internet Archive).