Pennsylvania Judge Orders New Trial in J&J Vaginal Mesh Case
A state judge in Pennsylvania has ordered a new trial in a vaginal mesh lawsuit brought by a woman alleging that Johnson & Johnson subsidiary Ethicon’s TVT-Secur caused her severe injuries. According to a report on Mass Devices, the jury had previously ruled that TVT-Secur device was defective in design and that the company did not properly warn pelvic floor surgeons of the risks of using the device. However, the same jury also determined that neither the warnings nor the defect caused the plaintiff’s injuries.
Severe Side Effects from Vaginal Mesh
In a five-page opinion, Judge Michael Erdos ordered a new trial, which will re-examine the entirety of the case. The judge ruled that a new trial “should not be limited to the issues of compensatory and punitive damages” alone, but also involve “the re-litigation on the issue of the appellants’ liability for design defect.”
The re-hearing was due to an inadequate verdict as experts from both sides of the trial agreed that the defendant’s negligence caused injuries to the plaintiff and the jury ruled in opposition to the expert opinions, court documents say. The plaintiff had alleged that the TVT-Secur vaginal mesh caused her severe and pain and discomfort including sharp pain during sexual intercourse, burning, irritation and “a feeling of rawness.”
One of the experts testified during the trial that the mesh caused such severe injury to the plaintiff that it had to be removed surgically. A date hasn’t been set for the new trial. In July, a Pennsylvania state court judge overturned part of a jury verdict that gave Ethicon its first win in five pelvic mesh trials in Philadelphia.
Injuries and Damages
Vaginal mesh implants have been scrutinized and even banned by governments in Britain, Australia and Europe. In July, the British government accepted a recommendation to temporarily ban vaginal mesh implants for women with urinary incontinence. The mesh implants were originally approved by the Food and Drug Administration (FDA) in the United States to help women suffering from pelvic organ prolapse and stress urinary incontinence. But, over the years, we’ve seen that these products injure and disable women rather than help them with these medical issues.
It is about time that these harmful products are pulled from the market before they cause more injuries. If you or a loved one has been harmed by these or other defective medical devices, please contact an experienced product defect attorney who will help you seek and obtain maximum compensation for your injuries, damages and losses. You may be able to seek compensation for damages such as medical expenses, lost income, hospitalization, cost of surgery, permanent injuries, disabilities, loss of consortium, pain and suffering and emotional distress.