Johnson & Johnson (J&J) and its subsidiary Ethicon’s attempt to toss the $20 million pelvic mesh verdict was rejected by a Pennsylvania appellate court, but the court reduced the verdict to $15 million.
According to the pretrial memorandum, the plaintiff of Cinnaminson, New Jersey, had Ethicon’s TVT-Secur mesh implanted in June 2007 to help her with stress urinary incontinence. A couple of months later, her doctor discovered erosions in the material, which led to three separate surgeries to remove the material. However, she developed chronic pain and urinary dysfunction, as portions of the mesh remained in her body.
The plaintiff alleged stating that despite knowing there was a significant risk of mesh eroding inside patients, the manufacturers released the product to the public. The initial verdict was passed in April 2017, which included $2.5 million in compensatory damages, as well as $17.5 million in punitive damages.
The defendants appealed to toss the verdict, challenging the rules on the statute of limitations and several of the judge’s evidentiary rulings. On Friday, a split three-judge panel of the Superior Court reinstated the initial verdict, rejecting the appeal.
U.S. District Judge Joseph R. Goodwin is presiding over all Ethicon pelvic mesh lawsuits consolidated under multidistrict litigation (MDL No. 2327; In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation) in the Southern District of West Virginia.
