Court of Appeals Rejects Overturn of $12.8 Million Verdict

Court of Appeals Rejects Overturn of $12.8 Million Verdict

Introduction

A state appeals court panel rejected the proposal to overturn a $12.8 million verdict against Johnson & Johnson's subsidiary Ethicon Inc. over their surgical mesh implant lawsuit filed by a plaintiff. Judge Victor P. Stabile confirmed Ethicon is liable to pay the damages to the woman for her post-surgery complications.

In 2009, the plaintiff underwent surgery to implant Ethicon Prolift Kit mesh in her body. The defective design of the mesh left her with serious problems including chronic vaginal pain during sexual intercourse and vaginal mesh erosion, requiring three corrective surgeries. She filed a product liability lawsuit in 2013 against Ethicon for failing to warn the doctors about the potential risks of the mesh. Judge Stabile rejected the manufacturer's claim that Pennsylvania courts don't have jurisdiction in the case, and that the evidence does not support the damage verdict.

Several women across the U.S. who implanted transvaginal mesh to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) claim about the inadequate warning from the mesh makers. More than 100,000 transvaginal mesh lawsuits are federally-filed against various manufacturers. Ethicon Hernia Mesh lawsuits are consolidated as a part of multidistrict litigation (MDL No.2782;  In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation) before U.S. District Judge Richard Story in the Northern District of Georgia.