After days of deliberation, a jury in California found that Johnson & Johnson’s TVT Abbrevo mesh sling was not only defectively designed but that J&J’s Ethicon unit failed to properly warn doctors and consumers about risks associated with the device – “negligently misrepresent[ing]” facts about the sling’s safety. The jury’s damage award was composed of $700,000 in compensatory damages plus $5 million in punitive damages. (note that J&J is worth over $277 billion and the market for vaginal mesh implants is estimated at more than $1.7 billion)
The plaintiff, Coleen Perry, presented her case to show that the mesh sling implanted in her body eroded inside of her, resulting in pain and her having to undergo additional surgery.
This is not the first trial against Ethicon, nor the first victory for plaintiffs. J&J still faces more than 30,000 similar lawsuits over its transvaginal mesh products. Other companies, including Boston Scientific and C.R. Bard, are among the seven mesh product manufacturers facing more than 70,000 injury claims in federal court and thousands more in state courts. Other makers of similar mesh devices have engaged in settlement discussions, however, it is common in these types of medical device cases for a number of “bellwether trials” to take place to enable the parties to establish more realistic views of both liability and damages.
If you or someone you care about has experienced problems with Johnson & Johnson’s TVT Abbrevo mesh sling or a similar vaginal insert, please contact our firm for more information regarding your rights and a free and confidential review of your situation.
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