Just this past week, a jury in Atlantic County, New Jersey, awarded a South Dakota plaintiff, Linda Gross, $3.35 million dollars for injuries suffered from the implantation of Johnson & Johnson Ethicon vaginal mesh. A second phase will follow in which jurors will consider punitive damages as well. New Jersey law currently permits punitive damages of up to five times the compensatory damage amount. In a trial which took over six weeks, Gross v. Ethicon is the first of over 4,000 vaginal mesh lawsuits currently filed against Johnson & Johnson regarding their mesh products.
Over 4,000 Cases to Come
This case is a bellwether trial in the multi-district litigation proceedings which consolidates cases in order to more quickly get them heard in court. Over half of the 4,000 cases are pending in New Jersey state court, most all alleging that Johnson & Johnson & Ethicon failed to warn physicians and women about the potentially catastrophic complications which could result from the Prolift. Further, the lawsuits charge that fraudulent misrepresentations were made to consumers regarding the product.
Problems Following Mesh Implant
Gross, a former hospice nurse, claimed that after her implantation of Prolift mesh in 2005 to treat pelvic organ prolapse she suffered debilitating injuries. Gross, who has undergone 18 surgical procedures in an attempt to correct the complications from the Prolift, is currently taking 20 different medications to address the constant pain she suffers from the mesh which hardened inside her body.
Prolift Withdrawn From Market in 2012
The Prolift mesh device was voluntarily withdrawn by Ethicon in August, 2012 as the lawsuits continued to mount. At the time of the withdrawal of the Prolift from the market, Johnson & Johnson claimed safety was not a concern rather the mesh implants lacked commercial practicality. The attorney for Gross pointed to internal company documents which clearly showed Ethicon was aware the mesh could lead to chronic pain and serious complications.
Plaintiff’s Testimony
Gross characterized her life since receiving the Prolift a “living hell,” as she endured not only the
numerous surgical procedures but more than 400 visits to doctors. In addition to the chronic pain suffered by Gross, other complications from the polypropylene device included mesh erosion, formation of scar tissue, chronic inflammation and neurologic compromise. Gross testified that the Prolift implant had left her unable to work, engage in sexual relations with her husband or even sit for more than twenty minutes at a time.
Jury Rejects Some Claims, Agrees With Others
While the jury rejected charges of defective design, they did believe Ethicon and Johnson & Johnson were guilty of failure to warn physicians and patients of the potential harm. Further, the jury found that Ethicon made fraudulent representations to Gross and her physician. While $185,000 was awarded to Gross’s husband for loss of consortium and $680,000 to compensate her for lost past and future wages, the remainder addressed the past and future pain suffered by Gross, as well as medical costs, mental anguish, disability, impairment and household-help expenses.
Verdict Considered “Good News” for Other Women Harmed by Mesh
Gross’s attorney replayed video deposition in his closing argument which substantiated the claim that Ethicon made repeated decisions to ignore reports of complications in their rush to get Prolift mesh to market. Lawyers who are currently defending clients harmed by the Prolift or other transvaginal mesh devices believe this verdict is good news for the thousands of other women harmed by such devices.