Jury In California Vaginal Mesh Lawsuit Finds Bladder Mesh Sling Can Cause Serious Injuries And Awards Woman $5.7 Million In First Bladder Mesh Lawsuit
The attorneys at Southern Med Law report that a California state jury has ordered pharmaceutical giant Johnson & Johnson to pay $5.7 million to a woman who suffered injuries when her bladder mesh sling implant eroded within her. On Thursday, the Kern County Superior Court jury found that the TVT Abbrevo midurethral sling that was implanted in 2011 and partially removed one year later, was defectively designed and Johnson & Johnson’s Ethicon unit failed to properly warn doctors and consumers about the risks of the bladder mesh sling. (Case No. 1500-cv-279123) The law firm notes that while this case was handled in a state court, Johnson & Johnson and its Ethicon subsidiary also face more than 23,500 transvaginal lawsuits in a West Virginia federal court alleging such injuries as organ damage and vaginal scarring due to their bladder mesh implants. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327) Southern Med Law represents women in vaginal mesh lawsuits and is committed to protecting the rights of patients who have been harmed by defective medical devices developed by large companies such as Johnson & Johnson and Ethicon.
“The firms attorneys applauds the jury verdict in this vaginal mesh lawsuit which shows the panel believed the woman’s injury claim and found Johnson & Johnson’s mesh sling product to be defectively designed. The verdict also supports the complaints of other women who experienced chronic pain, mesh erosion, shrinkage, bleeding and other serious complications due to their vaginal mesh implants, and will be helpful in future bladder mesh trials” – Southern Med Law
Southern Med Law’s founding attorney, Dr. François Blaudeau, is a practicing attorney and obstetrician/ gynecologist. Dr. Blaudeau has a unique understanding of the medical and legal questions regarding transvaginal mesh medical devices. If you or a loved one received a vaginal mesh surgical implant, please contact Southern Med Law to learn more about your rights and legal recourse after experiencing bladder mesh complication. You can arrange for a free, no obligation vaginal mesh lawsuit review by calling Southern Med Law today, at 205-547-5525 or visit www.southernmedlaw.com to follow all the current news on this and upcoming news on vaginal mesh and other medical products.
Southern Med Law attorneys further comment that the jury also decided that Johnson & Johnson mishandled its TVT Abbrevo device and as a result, ordered the company to pay $5 million in punitive damages along with $700,000 in compensatory damages. An Ethicon spokesperson told Bloomberg in an emailed statement about its displeasure over the mesh trial’s outcome. The spokesperson said Johnson & Johnson plans to appeal because it disagreed with the jury that the company “mishandled” the TVT Abbrevo midurethral sling as well as the jury’s decision that the device was defectively designed.
[bloomberg.com/news/articles/2015-03-05/j-j-ordered-to-pay-5-7-million-over-incontinence-implant, March 5, 2015]
The firm further comments, as noted in court documents and the U.S. Food and Drug Administration (FDA); Transvaginal mesh medical devices are used to repair pelvic organ prolapse which occurs when the bladder, vagina, uterus and other pelvic organs drop (prolapse) from their normal position. Vaginal mesh is also used to treat stress urinary incontinence, which is urine leakage, in women”. According to an FDA announcement, the FDA had concerns over transvaginal mesh devices due to the increasing number of complaints reported to the agency about mesh implants. For instance, the FDA said in October 2008 that it had received more than 1,000 complaints from 2005 to 2007 about mesh implants. From 2008 to 2010, the FDA received 2,864 additional complaints such as mesh erosion through the vagina, pain, bleeding, infection, urinary problems and organ perforation. As a result of the injury reports, the FDA proposed in April 2014 to reclassify transvaginal mesh from a moderate-risk device to a high-risk device. According to the law firm, the proposed reclassifcation means vaginal mesh manufacturers must submit a premarket approval application to the FDA that shows the safety and effectiveness of their medical devices if they want to continue selling their product in the U.S. market.
[fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm262435.htm, July 13, 2011]
According to court documents there were more than 70,500 bladder mesh lawsuit claims filed against bladder mesh manufacturers in the U.S. District Court, Southern District of West Virginia. The vaginal mesh lawsuits all allege serious complications such as Mesh Erosion, Erosion Through Internal Tissue, Pain, Infection, Bleeding, Recurrence Of Pelvic Organ Prolapse Or Stress Urinary Incontinence, Urinary Problems, Painful Sexual Intercourse, Vaginal Scarring, Bowel, Bladder And Blood Vessel Perforation. The lawsuits were all consolidated in the federal court for pretrial proceedings.
In addition to Ethicon, the litigation includes:
In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325)
In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326);
In Re C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2187)
In Re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL No. 2387)
In Re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2440)
About Southern Med Law
Southern Med Law is a patient and consumer advocacy organization providing legal representation to the victims of negligent personal injuries, medical malpractice, dangerous drugs, faulty medical devices and defective products. Led by Dr. François Blaudeau, an attorney and a practicing obstetrician/ gynecologist, the legal staff at Southern Med Law possesses a deep understanding of the complex medical and legal questions at issue in all manner of product liability and personal injury claims. They’re not afraid to take on the nation’s largest corporations in their pursuit of justice, and are committed to ensuring that all victims have access to the type of aggressive legal advocacy that assures success.
Southern Med Law
Southern Institute for Medical and Legal Affairs
2224 1st Ave., North Birmingham, AL 35203
Phone: (205) 547-5525
Fax: (205) 547-5526