Vaginal Mesh Case Yields $11.1 Million Award Verdicts to Seriously Injured South Dakota Woman
By Dean I Weitzman, Esq. on March 1st, 2013
The case is the first jury verdict in a backlog of several thousand such vaginal mesh injury cases across the United States.
A former nurse who endured multiple vaginal mesh implant surgeries which left her with serious pain and ongoing health problems for years has been awarded $11.1 million in damages for her injuries.
That was the decision of a New Jersey jury which awarded Linda Gross, 47, of Watertown, S.D., $3.35 million to compensate her for her injuries and another $7.76 million in punitive damages to further punish Johnson & Johnson, the makers of the vaginal mesh products that were used in her surgeries, according to an Associated Press (AP) story.
The financial awards were reached in two separate deliberations by the jury in the case. The woman told the court that her vaginal mesh implants gave her years of “living hell” despite unsuccessful repair surgeries, according to AP.
The case is the first verdict in about 4,000 lawsuits filed by plaintiffs against Johnson & Johnson.
The jury ruled that while the product used in Gross’ surgeries was not defectively designed, “the company did not give surgeons adequate warnings about risks of the product and that a misrepresentation was made to Gross,” reported the AP.
Johnson & Johnson said it will appeal the verdicts.
Vaginal mesh implants, which were a popular alternative to traditional hysterectomies in patients in recent years, are used to treat pelvic organ prolapse, which occurs in women when the cervix, uterus, bladder or other reproductive organs slip down into the vagina due to the weakening of pelvic muscles.
Gross underwent “18 revision surgeries — all without success — since having J&J’s Prolift vaginal mesh device implanted in 2006,” the AP reported. “Severe pain and other complications forced the hospital hospice nurse to stop working”.
“Linda Gross cannot turn back the clock and make her misery and pain disappear,” her lead attorney said in a statement reported by the AP. “But she and countless victims like her can take some comfort in knowing that a jury … decided … that the corporation responsible for their suffering should be severely punished financially.”
This is an injury that has been becoming all too common in the last few years, and it has led to an increasing number of lawsuits against the makers of other such devices, including C.R. Bard Inc. of Murray Hill, N.J., and Endo Health Solutions Inc. of Chadds Ford, Pa.
In June of 2012, Johnson & Johnson announced that it would stop selling four types of surgical mesh implant products. The mesh products had been linked to injuries and triggered about 600 lawsuits against the company at that time. J&J said the products were safe and that its action wasn’t a recall of the products, but just an end to their sales.
In November 2012, a Texas woman sued another vaginal mesh manufacturer for causing serious injuries after her procedures.
Serious injuries due to defective vaginal mesh products are a real health problem for a growing number of women across the United States. Patients who suffer from the crippling injuries caused by these defective mesh devices need skilled, compassionate and dedicated legal teams to help them recover damages for their injuries, pain and suffering.
Women have been injured through these kinds of surgeries because the vaginal mesh manufacturers released and sold products which continue to be problematic for thousands of patients. Instead of being led by concerns over clear patterns of serious medical problems from these products, the manufacturers continue to be motivated only by profit and sales, harming the patients who are being victimized by vaginal mesh implants.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one has been seriously injured in a case involving vaginal mesh devices and products anywhere in the United States. We represent the families of victims as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-866-920-0352 anytime and our experienced, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
When Winning Matters Most, Call MyPhillyLawyer.