Tag

Judge Carol Higbee Archives - Carey Danis & Lowe

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.

Plaintiff Awarded $3.35 Million in Gynecare Prolift Lawsuit: Encouraging Verdict for Victims of Defective Vaginal Mesh Products

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Plaintiff Awarded $3.35 Million in Gynecare Prolift Lawsuit: Encouraging Verdict for Victims of Defective Vaginal Mesh ProductsIn a Gynecare Prolift vaginal mesh lawsuit being heard in a New Jersey Superior court, the plaintiff, Linda Gross, was awarded $3.35 million. The trial, overseen by Judge Carol Higbee in Atlantic City, New Jersey, involves a South Dakota resident who claims to have been in severe and unmitigated pain and to have endured 18 operations to remove and repair damages caused by Ethicon’s Gynecare Prolift vaginal mesh.

Though the jury was split in their final decision in Gross’s case, according to a Bloomberg News report, they did ultimately award her the $3.35 million for lost wages, medical expenses, and pain and suffering. The verdict was read on February 25, with the next stage of the Gross trial moving on to cover the matter of punitive damages. The punitive damages, intended to penalize defendants for intentional negligence, could total $16.75 million in Gross v. Gynecare Inc.

The jury ruled that Johnson & Johnson did not sufficiently inform Gross’s doctor about the health risks associated with Ethicon’s Gynecare Prolift vaginal mesh. In reaching its verdict, the jury in Gross’s case also stated that Johnson & Johnson employed misleading advertising in promoting Ethicon’s mesh.

In the past several years, there have been mounting reports of serious injuries related to an implant of Ethicon’s vaginal mesh product. One complication with the Gynecare Prolift vaginal mesh involves the surgical mesh hardening following implantation. The hardening causes severe pain, vaginal exposure, and becomes more difficult to extract if removal is necessary. These were the health complications raised by Gross’s attorney during the trial.

In addition to these problems, women have also reported bleeding, infection, painful intercourse, and vaginal mesh erosion.

According to a Reuters report on the New Jersey case, there still remain 1,800 Gynecare Prolift vaginal mesh lawsuits in the New Jersey court. Furthermore, in a Fox News report on Gross’s case, Johnson & Johnson made a statement on February 25 that in the U.S., there are 4,000 Gynecare Prolift lawsuits pending in courts across the country. Also, in the vaginal mesh MDL in a West Virginia federal court, there are approximately 11,000 vaginal mesh cases pending against five vaginal mesh manufacturers, among them Ethicon, C.R. Bard Inc., and Boston Scientific Corp.

The verdict reached in Gross’s case comes as welcome news to those individuals who have been injured by Ethicon’s Gynecare Prolift vaginal mesh. Lawyers at Carey Danis & Lowe continue to closely watch the Gross case in New Jersey for the total awarded to Gross and her husband in punitive damages. Furthermore, following this encouraging verdict, Carey Danis & Lowe is continuing to accept Gynecare Prolift claims, and will offer individuals free legal evaluations to assist in determining if a vaginal mesh lawsuit should be filed.

For more information about how to file a Gynecare Prolift lawsuit, contact an experienced trial lawyer at Carey Danis & Lowe by calling 800.721.2519 or by submitting a Carey Danis & Lowe legal claim form.

Closing Arguments Delivered in Gynecare Prolift Trial in New Jersey

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Closing Arguments Delivered in Gynecare Prolift Trial in New JerseyA decision by the jury should be delivered soon regarding a lawsuit filed in New Jersey against Johnson & Johnson and Ethicon, the developer and manufacturer of the Gynecare Prolift vaginal mesh product. Late last week, both sides shared their closing arguments, which leaves the jury to deliberate on the testimony presented before them since the start of the trial on January 10, 2013.

The case is Gross v. Gynecare Inc., and is being heard in a SuperiorCourtofAtlanticCounty in Atlantic City, New Jersey by Judge Carol Higbee. The plaintiff is a former nurse from South Dakota, Linda Gross. According to a Bloomberg News report, Gross’s lawsuit is the first Gynecare Prolift lawsuit to go to trial out of 1,800.

Gross filed the Gynecare Prolift lawsuit against Johnson & Johnson alleging that the pharmaceutical company neglected to disclose the health risks connected to use of their vaginal mesh product. Furthermore, in closing statements, the plaintiff’s lawyer stated that Ethicon was fully knowledgeable of the health risks linked to implantation of the Gynecare Prolift vaginal mesh, but ignored those risks in marketing the vaginal mesh product.

Health complications linked to the implantation of vaginal mesh like Johnson & Johnson’s Gynecare Prolift include the following:

  • severe pelvic pain
  • bleeding
  • infections
  • vaginal mesh exposure
  • vaginal mesh erosion
  • vaginal mesh hardening causing tissue scarring
  • several surgical procedures to remove the mesh

Lawyers at Carey Danis & Lowe are closely monitoring the Gynecare Prolift trial in New Jersey, and are currently evaluating Gynecare Prolift cases. The law firm of Carey Danis & Lowe seeks justice for our clients who have been made the victims of negligent pharmaceutical giants.

If you or someone you love has been injured by the Johnson & Johnson Gynecare Prolift vaginal mesh, you may be eligible to receive compensation for your suffering, losses, medical expenses, and more. Contact an experienced trial lawyer at Carey Danis & Lowe for a free legal evaluation and to file a Gynecare Prolift lawsuit by calling 800.721.2519 or by filling out our legal claims form.