Plaintiff in Vaginal Mesh Lawsuit Awarded $3.35 Million in Compensatory Damages
A South Dakota woman who filed a vaginal mesh lawsuit after allegedly being forced to undergo multiple revision surgeries caused by pain and other complications stemming from her implant was awarded $3.35 million in compensatory damages Feb. 25 by a New Jersey jury, Bloomberg.com reports.
Johnson & Johnson’s Ethicon unit, which manufactured the device at the center of this lawsuit, is now ordered to pay her that amount. New Jersey Superior Court jurors found the company failed to warn the plaintiff’s surgeon of the potential for side effects to develop after its Gynecare Prolift was implanted. In turn, the plaintiff was fraudulently misled by Ethicon about the safety and effectiveness of its product.
A lawyer for the plaintiff expressed her satisfaction with the court’s decision in an interview conducted after the trial.
“This verdict establishes that Johnson & Johnson and Ethicon failed to tell physicians and women the truth about the catastrophic complications that can result from the Prolift,” she said.
2,100 Vaginal Mesh Lawsuits Have Been Filed over Ethicon’s Gynecare Prolift Device
According to the Bloomberg.com article, approximately 2,100 vaginal mesh lawsuits have been filed in New Jersey over Ethicon’s Gynecare Prolift vaginal mesh implant. This device was previously used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP) in women.
New Jersey jurors are now preparing to weigh potential punitive damages in this case, which may total as much as $16.75 million. According to Bloomberg, permission to ask for punitive damages was granted by Superior Court Judge Carol Higbee. Johnson & Johnson’s Ethicon may be punished for willful or wanton behavior.
On the day of the verdict, Ethicon Surgical Care’s vice president of communications issued the following statement in regards to the verdict: “We will present evidence to the jury tomorrow in the punitive phase of the trial, which followed a mixed verdict by the jury.”
She added, “While we are always concerned when a patient experiences medical conditions like those suffered by the plaintiff, all surgeries for pelvic organ prolapse present risks of complications.”
Johnson & Johnson’s Ethicon was ordered to pay the plaintiff $1.1 million for pain and suffering, $180,000 in lost wages, $500 for wages lost in the future, $385,000 for medical treatment, $1 million for future medical costs, and $180,000 in damages to the physical relationship she has allegedly lost with her husband.
Considering a Vaginal Mesh Lawsuit? Contact Us Today.
If you were implanted with vaginal mesh and suffered complications, you may be entitled to receive compensation for medical expenses, lost wages, emotional distress as well as any physical pain and suffering you were caused. Discuss your legal options with an experienced lawyer today by calling 1-888-217-3033.