Judge Powell Denies Recusal From Pelvic Mesh Trial

Judge Powell Denies Recusal From Pelvic Mesh Trial

Introduction

Johnson & Johnson and its subsidiary Ethicon's motion before Judge Kenneth Powell to recuse from the upcoming pelvic mesh trial for a plaintiff, slated to begin at the end of this month, was rejected on July 24. The defendants filed the motion reasoning that Judge Powell's mother was a plaintiff in a mass tort lawsuit in Philadelphia against J&J and Ethicon, and Powell had not previously disclosed the lawsuit.

The motion filed by Ethicon stated, “taken together, your honor’s mother’s pending lawsuit, the overlap in issues and the lack of disclosure, raise serious concerns about the appearance of impropriety that justify recusal to assure a fair trial and to avoid, at minimum, an appearance of partiality under the Rules of Judicial Conduct."

The plaintiff stated that Judge Arnold New, overseeing the pelvic mesh mass tort litigation, responded unfavorably to the request. The response stated, “instead of filing a motion to recuse Judge Powell with New and knowing the likely order of Judge New, Johnson & Johnson instead filed this motion with Judge Powell. This appears to be judge shopping.”

In mid-July, Ethicon requested the Superior Court for an en banc panel hearing in Carlino v. Ethicon case, which concluded with a $13.5 million verdict in 2016. The defendants now seek to have the verdict assigned to a different appellate panel. However, a three-judge panel has been scheduled to look into Carlino’s case next month.