Jury Awards Victim of Pelvic Mesh $13.5 Million
By: CPR @ Feb 18, 2016
Ethicon, a Johnson & Johnson company, has been in the spotlight lately for the many lawsuits against the company over its dangerous pelvic mesh products. Criticized as putting profits over people, Ethicon was recently ordered by a Philadelphia jury to pay $13.5 million to a woman who suffered harm from the company’s pelvic mesh implants.
Pelvic Mesh Implants Leave Woman Impaired
The woman who filed the lawsuit against Johnson & Johnson, and who recently won the $13.5 million suit, is Sharon Carolino. Sharon Carolino received an implant of a transvaginal tape, referred to as TVT. The implant left her in constant pain and discomfort, as well as unable to maintain a sexual relationship with her husband.
Jury Finds Johnson & Johnson at Fault
Carolino and her attorneys alleged that TVT was not reasonably safe, and that the makers of the product did not disclose risks associated with the product. Further, Carolino argued that had her physician known of the dangers of TVT, he would never had implanted the product. Attorneys argued that the product had four key flaws: pores in mesh that were unreasonably small; tendency to change shape and erode once implanted; degradation upon implantation; and pieces of the mesh becoming embedded within women’s vaginal tissues.
The jury agreed.
On Wednesday February 10, 2016, the jury returned a verdict that ordered the company to pay $10 million in punitive damages and $3.5 million in compensatory damages. Carolino’s husband was also awarded an additional $250,000 for loss of consortium. Great work Tom Kline.
Not the First, Probably Not the Last
The large jury award that Ethicon will have to pay is not the first; in December, the jury returned a $12.5 million verdict after finding that the company’s pelvic mesh was negligently designed and that the physician who implanted the mesh in plaintiff Patricia Hammons was not properly warned of the defects. There are nearly 180 consolidated cases in a mass tort action against Ethicon, filed in Philadelphia County’s Court of Common Pleas – it is unlikely that this will be the last big payout that Ethicon will be forced to make. To be sure, a third trial is scheduled to begin on February 22.
Defective Product Lawsuits in Philadelphia
The victims of transvaginal mesh and other defective products – medical or otherwise – deserve to be compensated for the harm they incur. If you think that you may be eligible to join a mass tort action, or if you are interested in pursuing litigation or learning more about your rights, it is important that you meet with an experienced medical device litigation attorney as soon as possible. Serving both Pennsylvania and New Jersey, the attorneys at the law firm of Cohen, Placitella & Roth, P.C. want to meet with you. We have the skill set and passion that your case demands, and understand that the most important person in a lawsuit is you. If you are looking for an advocate who is knowledgeable and whom you can trust, call our law offices now by dialing (215) 567-3500 today.
Cohen, Placitella & Roth, PC (215) 567-3500