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J&J Loses Texas Transvaginal Mesh Case

Johnson & Johnson to Pay $1.2 Million for Defective Transvaginal Mesh

transvaginal meshOn Thursday, April 3rd, a Texas jury ruled that Johnson & Johnson’s TVT-O transvaginal mesh sling was defective, and the company was ordered to pay $1.2 million to the plaintiff for damages.

The Dallas, Texas jury ruled in favor of plaintiff Linda Batiste, a 64-year-old woman who suffered pain, physical limitations, and huge medical bills when her Ethicon TVT-O transvaginal mesh sling failed. Her two-week trial, Batiste v. McNabb, was not part of the larger multidistrict litigation (MDL) against Johnson & Johnson and its transvaginal mesh division, Ethicon.

“This verdict represents the first time an impartial jury had the opportunity to decide whether Ethicon’s sling products are defective and they found exactly that,” Bryan Aylstock, a plaintiffs’ lawyer helping to oversee cases gathered before U.S. District Judge Joseph Goodwin in West Virginia, said in a phone interview. “We believe this is the first of many more verdicts to come over this dangerous product,” he added.

However, Johnson & Johnson is already planning to appeal the transvaginal mesh injury verdict. “The jury’s verdict on design defect is disappointing, and we believe we have strong grounds for appeal,” Matthew Johnson, an Ethicon spokesman, said yesterday in an e-mailed statement.

Officials for the medical manufacturer noted that the Dallas jury rejected Batiste’s claims that Ethicon didn’t provide proper warning about the transvaginal mesh device’s risks.

Current Transvaginal Mesh MDLs

The six current transvaginal mesh MDLs are:

1.     C.R. Bard MDL 2187: In Re C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation.

2.     Johnson & Johnson/Ethicon MDL 2327: In Re Ethicon, Inc., Pelvic Repair System Products Liability Litigation

3.     American Medical Systems MDL 2325: In Re American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation

4.     Boston Scientific MDL 2326: In Re Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

5.     Mentor ObTape MDL 2004: In re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation

6.     Coloplast MDL 2387: IN RE: Coloplast orp. Pelvic Support Systems

Recently, due to the high number of personal injury claims involving transvaginal mesh devices, CR Bard, Endo Health Solutions, Boston Scientific, Coloplast, and Cook Medical, began settlement talks. Reportedly, these five transvaginal mesh manufacturers faced a total of 30,000 personal injury lawsuits. Johnson & Johnson, meanwhile, has not agreed to any settlement talks and will continue facing bellwether trials in its MDL in Virginia.

The Strom Law Firm Fights for Women in Transvaginal Mesh Personal Injury Case

Transvaginal mesh kits were initially produced to help with pelvic organ prolapse and stress urinary incontinence. Several varieties of mesh kits exist, but transvaginal mesh specifically was supposed to produce less scarring and pain, because the procedure was less invasive. However, vaginal mesh slings can cause a host of problems, including organ perforation, infection, internal scarring, continued organ prolapse, and bleeding. If you or a loved one has pelvic organ prolapse or stress urinary incontinence, have had a transvaginal mesh device implanted, and have since experienced detrimental complications, you may be entitled to compensation. The experienced lawyers at Strom Law, LLC can help. We offer free consultations, so please contact us today, and we can help get you on the road to recovery. 803.252.4800

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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