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Gynecare Prolift Archives - Carey Danis & Lowe

Ethicon’s Appeal Denied in Vaginal Mesh Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

ethicon johson johnsonIn 2013, a jury verdict awarded the plaintiffs in a transvaginal mesh lawsuit being heard in a New Jersey court an $11 million compensatory package. The transvaginal mesh lawsuit involved Linda Gross, who received an implant of the Gynecare Prolift, a transvaginal mesh product manufactured by Ethicon, a subsidiary of Johnson & Johnson.

Following the announcement of the jury verdict, Ethicon sought to appeal the decision, arguing that the evidence presented during the trial did not warrant such a ruling.

In responding to Ethicon’s appeal, Judge Carol E. Higbee ruled against granting Ethicon a new trial or an amended ruling. Judge Higbee felt that evidence supported the jury verdict.

For Linda Gross and victims of transvaginal mesh, Judge Higbee’s ruling is a significant victory over a medical device manufacturer that appears to ignore patient health and safety. The defective medical device lawyers at Carey Danis & Lowe are encouraged by Judge Higbee’s decision.

Carey Danis & Lowe Represents Victims

Carey Danis & Lowe is a national law firm based in St. Louis, Missouri that practices defective medical device litigation. Our experienced and dedicated attorneys represent women and their families in transvaginal mesh lawsuits across the country.

Our law firm is currently investigating transvaginal mesh cases, and encourages anyone who has been injured by a transvaginal mesh product to explore legal options and compensation eligibility with one of our attorneys. Carey Danis & Lowe offers free initial case evaluations.

Share your transvaginal mesh story with us today. Contact Carey Danis & Lowe by phone at 800.721.2519, or complete one of our confidential personal injury claim forms.

FDA 510(k) Approval Process & Patient Safety (Transvaginal Mesh)

By | Defective Medical Device litigation, Product Liability, Transvaginal Mesh, Uncategorized

fdaThough the 510(k) approval process used by the U.S. Food & Drug Administration (FDA) to quickly and efficiently clear medical devices similar to already approved products has its benefits, the process does present hazards to patient health and safety, since it is less stringent about clinical trials. For example, if a medical device manufacturer already received FDA approval for a certain product, some companies have been known to redesign that original product in a small way, and bypass the requirement of conducting clinical trials, since the new, slightly modified product is considered similar to the original product.

This process of winning approval without proof of consumer safety is the topic of a recently published article on the New York Times Well blog. As discussed in the article, after gaining FDA approval, a medical device manufacturer can alter their product for what appears to be an unlimited number of times without having to reapply for approval.

Over time, accounting for all of the modifications, it is highly likely that the original product would no longer be similar to the modified product. In such a case as this, a clinical trial is imperative in gaining a better understanding of whether the modified product is still as safe to use as the original.

Through submitting their modified transvaginal mesh products through the 510(k) approval process, Johnson & Johnson (J&J) was able to send to market a number of products that have since been the subject of thousands of lawsuits filed across the U.S.

J&J submitted a 510(k) application for the Gynecare Prolift mesh, and received approval in May 2008. According to a Bloomberg article published in March 2012, the FDA cleared the Prolift mesh because, in their 510(k) application, J&J supplied evidence that the Prolift was as safe to use as the original mesh product, Gynemesh.

Though the evidence said otherwise, the Gynecare Prolift mesh has been blamed for debilitating injuries sustained by thousands of women due to mesh erosion. For some women, these transvaginal mesh injuries have permanently changed their lives.

Carey Danis & Lowe Can Help

Carey Danis & Lowe is a national law firm based in St. Louis that has a team of dedicated defective medical device lawyers who represent women who have been injured by transvaginal mesh. If you have been injured by transvaginal mesh, explore your legal options and compensation eligibility with Carey Danis & Lowe today.

Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing one of our confidential personal injury claim forms.

J&J and Ethicon to Pay Penalty for Document Mishandling

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsJohnson & Johnson and Ethicon mishandled internal documents that were of great importance in the Ethicon multidistrict litigation (MDL) being heard in West Virginia. As a result, U.S. Magistrate Judge Cheryl Eifert penalized Johnson & Johnson, and their subsidiary, Ethicon, by ordering them to pay a fine.

The court is still deciding on the penalty amount.

It is unclear if Johnson & Johnson and Ethicon, the medical device manufacturer behind the Gynecare Prolift transvaginal mesh product, purposefully destroyed the internal documents in question. Since purposeful destruction was never proven, Johnson & Johnson and Ethicon were not dealt more severe penalties.

There are over 16,000 transvaginal mesh lawsuits pending in the Ethicon MDL in West Virginia. The Ethicon MDL is In re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation MDL no. 2327, and is being heard in the U.S. District Court for the Southern District of West Virginia.

Victims of transvaginal mesh, including those who received an implant of the Ethicon Gynecare Prolift, have contacted Carey Danis & Lowe for legal assistance. The team of class action attorneys at Carey Danis & Lowe currently represents many women across the United States in transvaginal mesh lawsuits.

Explore your legal options and eligibility for compensation with Carey Danis & Lowe today. Schedule an appointment to meet with one of our attorneys in person at one of our four locations. We have law offices in Missouri, Illinois, and Florida.

Our attorneys are also available to discuss your case over the phone. Contact our law offices by calling 800.721.2519.

You can also contact us by completing a personal injury claim form.

Transvaginal Mesh Lawsuit News: Johnson & Johnson Accused of Document Destruction

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

ethicon_johnson_johnson_transvaginal_mesh_lawsuit_litigation_obtape_pelvic_prolapse_complications_surgery_correctiveTransvaginal mesh lawsuits have been consolidated into the Ethicon multidistrict litigation (MDL) in West Virginia. In a court document filed in early December 2013, plaintiffs’ legal counsel argued that Johnson & Johnson and their subsidiary, Ethicon, mishandled thousands of documents. The plaintiffs’ legal counsel accuses Johnson & Johnson and Ethicon of having destroyed these documents.

In a Bloomberg report, it appears that Johnson & Johnson instructed Ethicon  to save documents. Even so, according to the recently filed court document, Ethicon officials destroyed all digital files on the computer of a former Ethicon president.

However, in light of what appears to be improper document management, Johnson & Johnson and Ethicon continue to contend that their document retention is sound.

Those representing plaintiffs in the West Virginia MDL do not want the lack of certain Ethicon materials to negatively impact upcoming bellwether trials. The first Ethicon bellwether trial is scheduled for February 10, 2014.

Thousands of Lawsuits

According to Bloomberg, there are over 30,000 transvaginal mesh lawsuits pending in the six multidistrict litigations in West Virginia, one of which is the Ethicon MDL

These six MDLs are being heard in the U.S. District Court for the Southern District of West Virginia, and are all being heard by Judge Joseph R. Goodwin. The five other transvaginal mesh MDLs target C.R. Bard, American Medical Systems, Boston Scientific, Coloplast, and Cook Medical.

Transvaginal Mesh Side Effects

Two of the most commonly reported transvaginal mesh complications that lead to significant injury include erosion and contraction. Women have also reported a number of other health issues, including pelvic pain, bleeding, and dyspareunia.

Carey Danis & Lowe is Here to Help

Carey Danis & Lowe is a national law firm based in St. Louis that represents women who have been injured by transvaginal mesh devices, such as the Ethicon Gynecare Prolift. If you believe that your injuries are the result of a transvaginal mesh implant, explore your legal options in a free initial consultation with a Carey Danis & Lowe transvaginal mesh lawyer.

In addition, Carey Danis & Lowe has a team of highly experienced on-staff nurses who are available to discuss transvaginal mesh side effects. Our nurses are here to listen closely to your concerns and to answer your health questions.

Share your transvaginal mesh story with Carey Danis & Lowe today. Call 800.721.2519, or submit a confidential personal injury claim form.

Ethicon Gynecare Prolift History & Lawsuit Background

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

ethicon johson johnsonTransvaginal mesh is used to treat patients with pelvic organ prolapse (POP) and stress urinary incontinence (SUI). As a national law firm representing individuals who believe their injuries (stem) from transvaginal mesh implants, Carey Danis & Lowe is invested in providing out clients and those who would like to learn more about transvaginal mesh with a comprehensive background of this product.

The following review of Ethicon’s Gynecare Prolift transvaginal mesh device contextualizes the mounting lawsuits targeted at this medical device manufacturer.

In March 2005, Ethicon, a unit of Johnson & Johnson, ushered the Gynecare Prolift transvaginal mesh device onto the medical device market. In marketing the mesh, Ethicon promoted it as an state-of-the-art device with successful outcomes.

According to Bloomberg, Ethicon sold the Gynecare Prolift for three years without approval from the U.S. Food and Drug Administration (FDA). Ethicon reasoned that the Prolift model was similar enough to an existing FDA approved product, the Gynecare Gynemesh device, that requesting FDA approval was unnecessary.

However, after learning about the Prolift model in 2007, the FDA deemed the unsanctioned release of the Prolift as unacceptable.

Even so, the FDA granted approval of Ethicon’s Gynecare Prolift in May 2008.

In 2011, three years after the Prolift’s approval, the FDA received strong recommendations from an advisory body to categorize transvaginal mesh as causing significant harm. They also advised that more research was necessary in order to determine the safety of transvaginal mesh, and that this research should involve human subjects.

In January 2012, the FDA ordered makers of transvaginal mesh to conduct studies of mesh related injuries, among them damage to organs. This order was directed at Ethicon and thirty other mesh manufacturers.

Later in 2012, Ethicon initiated a Gynecare Prolift recall. They also removed three other transvaginal mesh products off of the market, the Prolift+ M, TVT Secur, and Prosima.

In justifying its recall, Ethicon claimed the action was not influenced by mounting lawsuits or reported health complications, but instead with market viability.

Also in 2012, transvaginal mesh lawsuits were consolidated into a multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia before U.S. District Judge Joseph R. Goodwin. The litigation is In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2327.

As of early October 2013, there are currently 10,400 vaginal mesh lawsuits targeted at Ethicon and their transvaginal mesh products in the West Virginia MDL.

These lawsuits claim that Ethicon’s transvaginal mesh products, including the Gynecare Prolift, caused serious injuries. More specifically, women have faulted the mesh for bleeding, pelvic area pain, infection, and painful intercourse. Furthermore, the FDA has cited mesh erosion and mesh contraction as the two transvaginal mesh injuries reported with the most frequency.

The St. Louis class action attorneys at Carey Danis & Lowe are currently accepting transvaginal mesh cases, and are providing free legal evaluations. In addition, individuals who have questions about transvaginal mesh and health complications can pose those questions to our on-staff medical experts. Our team is here to support you with expert legal and medical advice.

 

Share you transvaginal mesh story with Carey Danis & Lowe by calling 800.721.2519, or by completing a confidential personal injury claim form.

Ethicon Transvaginal Mesh Lawsuit News: Judge Rules in Favor of Efficient Deposition Process

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

ethicon johson johnsonIn the Ethicon transvaginal mesh multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia deposition scheduling process is the topic of one of the most recent pretrial orders filed this month in the case. According to the defendants, Ethicon, Inc., a Johnson & Johnson subsidiary responsible for the development of the Gynecare Prolift transvaginal mesh product, the deposition process must be more efficient.

The defendants argued in pretrial order 55 that the plaintiffs are ordering the deposition of some individuals twice. As such, the defendants claimed that the lengthy deposition process will significantly impact their their business proceedings.

They requested that individuals who have were asked to provide testimony as both a corporate representative and as a fact witness be scheduled in back-to-back meetings, as the current schedule calls for some of these individuals for provide depositions days or weeks apart. As a result, Ethicon asked for a protective order.

As detailed in the pretrial order, the plaintiffs pointed to a deposition process agreement, which states that back-to-back scheduling of witnesses is not necessary. Furthermore, the plaintiffs made an argument against back-to-back scheduling of corporate executives who are also being deposed as fact witnesses due to the importance of evaluating their testimony from one deposition before moving on to the next. Also, plaintiffs made a case against back-to-back depositions, as they saw this as influencing the possibility of the court combining two different depositions from the same individual into a singular testimony.

Ultimately, U.S. Magistrate Judge Cheryl A. Eifert ruled against the defendants’ protective order request on the grounds that the defendants did not adequately demonstrate the need for such an order.

The plaintiffs in the Ethicon MDL have filed their transvaginal mesh injury claims citing that Johnson & Johnson and Ethicon’s transvaginal mesh products caused serious injury, and that the medical device manufacturer failed to warn patients and health care providers about the health risks associated with the use of their surgical mesh products. There are currently 8,553 transvaginal mesh lawsuits in the Ethicon MDL in West Virginia.

Women who have received an implant of transvaginal mesh to treat either pelvic organ prolapse (POP) or stress urinary incontinence (SUI) cite the following as transvaginal mesh injuries: mesh erosion, mesh contraction, organ damage, infection, bleeding, severe pelvic area pain, and painful intercourse. In order to remove the defective transvaginal mesh, individuals have often undergone numerous surgical operations, sometimes with little success.

Carey Danis & Lowe transvaginal mesh lawyers are pleased to see the court rule in favor of collecting depositions in an efficient manner. As a transvaginal mesh law firm representing individuals who claim to have been injured by transvaginal mesh products, Carey Danis & Lowe strongly believes in an efficient legal process that supplies plaintiffs with their day in court.

If you or someone you love has been injured by Johnson & Johnson and Ethicon’s Gynecare Prolift, or another transvaginal mesh product, contact a transvaginal mesh lawyer at Carey Danis & Lowe. Call 800.721.2519 or submit a personal injury claim form.

Vaginal Mesh Lawsuit News: Carey Danis & Lowe Remarks on West Virginia Vaginal Mesh MDLs Complaint Form Update

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginal_mesh_implants_lawsuit_litigation_settlements_obtapeAs the parties involved in the five vaginal mesh multidistrict litigation (MDL) cases recently met about removing certain entities from plaintiffs’ cases, the court has followed through on the name removal agreement with its revised complaint forms. The U.S. District Court for the Southern District of West Virginia recently filed a revised short form complaint and an amended short form complaint for plaintiffs who are filing a new vaginal mesh lawsuit or updating their case in their respective MDL.

The update to complaint forms is detailed in pretrial order number fifty. According to Carey Danis & Lowe vaginal mesh lawyers, modifying the complaint forms to reflect the removal of Endo and Coloplast entities will significantly assist plaintiffs who are currently filing a vaginal mesh lawsuit against one of the five medical device manufacturers. The update ensures that plaintiffs and their legal counsel will use the correct nomenclature when referencing a manufacturer in future complaint forms, and thus, lead to a more efficient legal process.

The five West Virginia transvaginal mesh MDLs are being presided over by U.S. District Judge Joseph R. Goodwin. The cases are In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2327; In Re: C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2187; In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2325; In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation MDL No. 2326; and In Re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation MDL No. 2387.

Carey Danis & Lowe vaginal mesh lawyers hear from women every day about injuries allegedly linked to the use of a vaginal mesh product, such as the Ethicon Gynecare Prolift. Along with the Gynecare Prolift, vaginal mesh lawyers at Carey Danis & Lowe continue to investigate what injured parties claim is the defective nature of the Gynecare Prolift and other vaginal mesh products.

Women who have filed vaginal mesh lawsuits have claimed injury from vaginal mesh erosion, vaginal mesh contraction, infection, and severe pelvic pain. Quite often, women have had to undergo numerous surgeries to remove and repair the damage caused by transvaginal mesh, and in some cases, the damage cannot be easily fixed.

If you or someone you love has been injured by a transvaginal mesh product, contact an experienced transvaginal mesh lawyer at Carey Danis & Lowe. Our lawyers will help you understand your legal options, provide you with a free legal evaluation, and can assist in filing a vaginal mesh lawsuit.

Contact Carey Danis & Lowe today by calling 800.721.2519 or by submitting a personal injury claim form.

Carey Danis & Lowe Pelvic Mesh Lawyers Weigh in on Ethicon MDL 2327 and Gynecare Prolift Mesh Lawsuit Removal Request

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published April 25, 2013 by PR Web

St. Louis, Missouri (PRWEB) April 25, 2013

carey_danis_lowe_law_firm_pharmaceutical_litigation_medical_device_transvaginal_mesh_lawsuitPelvic mesh lawyers at Carey Danis & Lowe continue to follow Ethicon MDL 2327 proceedings currently taking place in the U.S. District Court for the Southern District of West Virginia, as the law firm represents women who have been injured by defective pelvic mesh.

A recent update in the Ethicon MDL involves a pretrial order issued by Chief Judge Robert C. Chambers and U.S. District Judge Joseph R. Goodwin. The order pertains to the judge responsible for overseeing the discovery process in the vaginal mesh MDLs. As Judge Mary E. Stanley has retired, any matters pertaining to discovery will now be the responsibility of Judge Cheryl A. Eifert.

Carey Danis & Lowe pelvic mesh lawyers perceive the transference of discovery process responsibility from one judge to another as no impediment to the expedited legal processes inherent in a multidistrict litigation.

According to Carey Danis & Lowe, another noteworthy update in the Ethicon MDL 2327 involves a plaintiff with a case in the Ethicon MDL named Dawn Flores, who recently attempted to have her case moved from the MDL in West Virginia to a California state court, where the plaintiff resides. The case is Flores et al. v. Ethicon Inc. et al., case number 2:12-cv-01804.

Flores filed her vaginal mesh lawsuit against Johnson & Johnson and Ethicon claiming that their Gynecare Prolift mesh was defective in that it eroded, leading to infections and severe pain, in addition to psychological and emotional suffering, according to the Ethicon vaginal mesh trial memorandum and order about Ms. Flores’ case.

Though Ms. Flores’ request was denied, in cases where plaintiffs are severely ill, Carey Danis & Lowe pelvic mesh lawyers consider it important that such lawsuits be put to trial in a timely fashion for the sake of the plaintiff.

A plaintiff in another case that was recently settled, Gross v. Gynecare Inc., Atl-L-6966-10, cited similar problems with Ethicon’s Gynecare Prolift mesh. In Linda Gross’ Gynecare Prolift mesh lawsuit, she alleged that the mesh hardened after implantation, and required numerous surgeries to remove the hardened mesh, according to a Bloomberg report on the case.* Gross v. Gynecare, case number Atl-L-6966-10, was heard in the Superior Court of Atlantic County in Atlantic City, New Jersey.

Pelvic mesh lawyers at Carey Danis & Lowe encourage individuals who have been injured by Ethicon’s Gynecare Prolift to contact our law firm to discuss legal options. Carey Danis & Lowe is offering free legal evaluations of vaginal mesh cases and assistance in filing vaginal mesh lawsuits.

Source

*Bloomberg article about Gross v. Gynecare Inc., case number Atl-L-6966-10:http://www.bloomberg.com/news/2013-02-25/j-j-failed-to-warn-of-vaginal-mesh-risks-n-j-jury-rules-1-.html

Carey Danis & Lowe is a plaintiff’s litigation firm based in St. Louis, Missouri with law offices across the United States in Illinois, Missouri, and Florida. Carey Danis & Lowe specializes in defective drug and pharmaceutical litigation and class action lawsuits. The Carey Danis & Lowe team is comprised of experienced attorneys working alongside knowledgeable professional staff that includes medical doctors, nurses, and information technology specialists. Contact Carey Danis & Lowe at 800-721-2519.

Ethicon Vaginal Mesh MDL Update: Defense Fact Sheets Due in Early April for Ethicon Discovery Pool Cases

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Ethicon Vaginal Mesh MDL Update: Defense Fact Sheets Due in Early April for Ethicon Discovery Pool CasesTransvaginal mesh lawsuits have been consolidated into five multi-district litigation (MDL) cases in the U.S. District Court for the Southern District of West Virginia. U.S. District Judge Joseph R. Goodwin is overseeing the proceedings for the Ethicon MDL and four other transvaginal mesh MDLs.

Cases have been brought forth against Johnson & Johnson’s Ethicon unit, in particular for the defective Ethicon Gynecare Prolift vaginal mesh product. In addition to the Ethicon MDL, vaginal mesh lawsuits have been consolidated into MDLs involving C.R. Bard, American Medical Systems, Boston Scientific Corp., and Coloplast Corp.

The Ethicon MDL is known as In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2327. The Ethicon MDL was scheduled to meet for a status conference on February 7, but the meeting was cancelled. The next Ethicon MDL status conference is scheduled for March 21.

Since their last meeting, Judge Goodwin has issued pretrial order #41 which provides details on the defendant’s fact sheet (DFS). According to another pretrial order delivered by Judge Goodwin in the Ethicon MDL, the defendants must submit to the plaintiffs a DFS for each Ethicon case selected for the first thirty Discovery Pool. Ethicon’s defense counsel must complete this process of filing the DFS documents by April 8.

The DFS requests for each plaintiffs’ case information on Ethicon’s contact with any treating and evaluating physicians. The DFS also asks for details about Ethicon sales representatives’ interactions with physicians, specifically if they received any benefits from a relationship with an Ethicon representative. Furthermore, the DFS orders that the defense list the number of Ethicon transvaginal mesh products purchased by a physician’s office.

The information provided in the DFS is integral to the Discovery process in the Ethicon MDL, and will assist in building strong cases against Ethicon in bellwether trials.

Women have used the Ethicon Gynecare Prolift to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Following surgery, women have filed complaints with the U.S. Food & Drug Administration (FDA) alleging that Ethicon’s Gynecare Prolift has caused infection, severe pelvic area pain, organ perforation, and vaginal erosion.

Quite often, women who underwent surgery to receive the Gynecare Prolift had to endure future revision surgeries to remove the vaginal mesh product.

Lawyers at Carey Danis & Lowe are currently evaluating vaginal mesh lawsuits, including those involving Johnson & Johnson and Ethicon’s Gynecare Prolift vaginal mesh device.

If you or someone you love has been injured by a vaginal mesh product, contact a lawyer at Carey Danis & Lowe for a free legal evaluation by calling 800.721.2519 or by submitting a legal claim form.

Gynecare Prolift Lawsuit News: Gross v. Gynecare Jury Rules that Johnson & Johnson to Pay Over $7 Million in Punitive Damages

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Gynecare Prolift Lawsuit News: Gross v. Gynecare Jury Rules that Johnson & Johnson to Pay Over $7 Million in Punitive DamagesLast week, Carey Danis & Lowe released an update on the Gynecare Prolift trial in New Jersey, and wrote that Linda Gross was awarded $3.35 million in a case involving Johnson & Johnson’s defective Gynecare Prolift vaginal mesh. On February 25, the jury announced Gross’s compensatory award, and later also ruled that Johnson & Johnson should pay $7.76 million in punitive damages on top of the compensatory award.

Gross is a resident of South Dakota, and a former nurse, who received an implant of Johnson & Johnson’s Gynecare Prolift vaginal mesh to treat pelvic organ prolapse (POP). After undergoing eighteen corrective surgeries to remove the hardened Gynecare Prolift device, and suffering through a slew of other health complications that have left her unable to work, Gross filed a vaginal mesh lawsuit against Johnson & Johnson and Ethicon.

Gross’s case is being heard in a New Jersey Superior Court in Atlantic City, New Jersey, and is being overseen by Judge Carol Higbee. Gross’s case represents the first of 4,000 vaginal mesh lawsuits to go to trial. Of the 4,000 vaginal mesh lawsuits filed in the United States, approximately 2,100 vaginal mesh lawsuits remain pending in New Jersey courts.

In deciding the total amount to award in compensation and punitive damages, the jury ruled that Johnson & Johnson did not adequately inform Gross’s surgeon about the health complications associated with use of the Gynecare Prolift device. Furthermore, according to a Bloomberg report on Gross’s case, the jury ruled that Johnson & Johnson had employed deceptive advertising strategies in marketing the vaginal mesh product.

Despite the jury’s decision, Johnson & Johnson and Ethicon, the Johnson & Johnson subsidiary that developed and manufactured the Gynecare Prolift vaginal mesh device, has announced that it plans to file an appeal of the punitive verdict, citing the lack of evidence bolstering the over $7 million paid in punitive damages.

The jury might have been swayed by the closing arguments, during which the plaintiff’s attorneys spoke about carefully considering the conduct of pharmaceutical giants like Johnson & Johnson and Ethicon. The plaintiff’s attorneys also spoke about deliberating the punishment such a company deserves when they disregard consumer safety.

Lawyers at Carey Danis & Lowe find the jury’s verdict on the compensatory and the punitive damages to be demonstrative of the future of the Gynecare Prolift lawsuits. However, due to Ethicon’s statement about their desire to appeal, Carey Danis & Lowe is still monitoring the outcome of Gross v. Gynecare for any important changes, as these may have a significant effect on pending vaginal mesh lawsuits.

If you or someone you love has been injured by the Gynecare Prolift vaginal mesh device or another type of vaginal mesh, you may be eligible to receive compensation for your suffering, medical expenses, and lost wages.  Contact an experienced defective medical device lawyer at Carey Danis & Lowe today by calling 800.721.2519 or by completing a legal claim form.