Ethicon Loses Latest Trial for Pelvic Mesh Implant Defect
A jury in Philadelphia agreed with the plaintiff that pelvic mesh implants made by Johnson & Johnson subsidiary Ethicon was the cause of her physical damages and awarded her $120 million for her injuries. The product liability case against Ethicon centered on the aftereffects of what was described as a negligently designed mesh implant. Paradoxically, the implant was responsible for causing the woman chronic incontinence and severe pain as well as making it impossible for her to have sex with her husband for a decade. This verdict is the seventh time a jury has awarded financial compensation to women who have been injured by mesh implants. However, it is the largest. The highest award prior to this was $57 million.
Case History
The plaintiff underwent surgery for a mesh implant in 2008. After implantation, the mesh began to rip through her vaginal tissues and became exposed in her vagina, requiring repeat surgery to extract the device. This left the plaintiff with chronic pain and prevented her from having intercourse with her husband for 10 years. The plaintiff’s first case went to trial in 2018, however, the jurors were deadlocked over whether it caused the plaintiff’s symptoms, although they agreed that the product was negligently designed. In the second trial, the plaintiff’s attorneys asked the jury to send a message to Ethicon that they needed to stop ignoring the woman’s pain and suffering the mesh implant has caused. The jury took this to heart and voted in favor of the plaintiff. Ethicon said it would appeal the verdict.
What Is a Pelvic Mesh Implant?
The net-like structure used in a pelvic mesh implant is surgically implanted and used to treat urinary incontinence and prolapse of pelvic organs. It is implanted permanently and supports a vaginal wall that is weakened due to age or other conditions when pelvic organ prolapse is a problem. It also reinforces the urethra and the neck of the bladder to treat urinary incontinence. The surgical mesh used for other types of surgeries, such as hernia repair, is similar. Because of this, pelvic mesh implants were not required to be clinically tested under approval by an FDA 501(k) pathway before they were initially used. Multiple complaints began to surface, and by 2011, the FDA found that the implants caused specific problems.
Complications and Symptoms of Pelvic Mesh Implants
The following are problems associated with a Pelvic mesh implant:
- The mesh can erode through pelvic soft tissue and the vaginal wall
- Infections in the area of the implant
- Perforation of a pelvic organ with severe erosion
- Infections of the urinary tract
- Shrinkage of the vaginal area due to contraction of the mesh
- Development of scar tissue
- Need for additional surgeries
- Chronic pain
- Damaged nerves that supply pelvic organs
- Frequent vaginal pain
- Pain with intercourse
- Vaginal bleeding
- Bladder problems
- Swelling and pain in the abdomen
Why Does the Mesh Implant Cause Problems?
One of the major problems with the use of Pelvic mesh implants is the weight of the textile itself. After the implant, the mesh begins to shrink and becomes rigid. Once this happens, the mesh can cut through the pelvic tissues similar to a saw. Ethicon disagrees. The company has said the product was properly designed and has proven itself to be safe over the years.
Product Liability Cases in California
California observes strict liability when it comes to defective products. This means that proving negligence is not necessary to hold a company liable for a product defect. Designers, companies, and retailers that are involved with a product can be held responsible for a person’s damages. Because negligence does not need to be proven, this lowers the cost of a product liability lawsuit. Nonetheless, the injured party must prove that the product was defective. There are three types of product defects. They include the design, manufacturing, and marketing the product undergoes. In the design stage, the plaintiff might show that there was another way to build a product that would be safer. In all product liability cases, our firm’s investigators use in-house resources to examine the damage caused by the device and look for past occurrences.
Sacramento Personal Injury Lawyer
I’m Ed Smith, a Sacramento personal injury lawyer. Injury due to a defective product can cause both financial and physical harm. Let me give you my free and friendly advice about your case and how you can fight back. Call me at (916) 921-6400 or (800) 404-5400 or contact me online.
I’ve been here to help all Sacramentens obtain the compensation and justice they deserve in all types of traumatic accidents and wrongful deaths.
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