Johnson & Johnson Prolift Vaginal Mesh: $80M Verdict in Latest Trial

By Marilyn T.  McGoldrick, Esq.

Published on May 28, 2019

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A Philadelphia jury ordered Ethicon, a subsidiary of Johnson and Johnson, to pay $80 million dollars to a woman who was injured by her Prolift transvaginal mesh implant. The verdict included an award of $50 million dollars in punitive damages. This is the 10th mesh-related case tried in Philadelphia and the 8th verdict in favor of plaintiffs.

Patricia Mesigian was implanted with Ethicon’s Prolift mesh in 2008 when she was 64. The implant was intended to treat her pelvic organ prolapse, a condition where the muscles supporting the organs weaken allowing the organs to drop down and press on or into the vagina. Instead of treating her condition, the implant caused her vaginal bleeding and pain, discomfort during sex, infection, and inflammation. Eventually the mesh eroded into her vagina and she endured 5 surgeries and two chemical burn treatments in an attempt to remove the mesh which was embedded in scar tissue.

The jury deliberated two days before reaching its verdict. They found the Prolift implant was defective and that the defendants failed to adequately describe the risks.  The jury awarded Ms. Mesigian $30 million in compensatory damages.

This is the second verdict against Ethicon in less than one month. An Altoona woman was awarded $120 million in April for the defective mesh she was implanted with to treat urinary incontinence. The verdict comes in the wake of the FDA’s decision to ban the last two manufacturers of pelvic mesh, Boston Scientific and Coloplast, from selling or distributing mesh products for transvaginal repair of pelvic organ prolapse in the United States. The FDA said that the manufacturers were unable to show that the products were safe or effective for the treatment of organ prolapse, compared to repair procedure using native tissues. Johnson & Johnson’s Ethicon unit stopped selling the Prolift transvaginal mesh implants in 2012.

J&J’s Ethicon issued a statement saying that the verdict was “inconsistent with the science” and that they plan to appeal.

Any woman who has mesh implanted to treat pelvic organ prolapse who is having any symptoms connected with the implant should contact her doctor immediately. The injuries caused by defective transvaginal mesh may include vaginal bleeding or discharge, severe pelvic or groin pain, infection, pain during sexual intercourse, urinary problems, or perforated organs from mesh eroding into surrounding tissues. Do not delay seeking medical attention if you have any symptoms you believe are related to your transvaginal mesh implant.

If you would like to explore your legal options regarding your mesh implant, call the transvaginal mesh lawyers at Thornton Law Firm at 888-491-9726 to talk with Attorney Marilyn McGoldrick. You can also tell us your story online for a confidential, free evaluation of your claim.

 

 

 

Johnson & Johnson Hit With $57M Verdict in Pelvic Mesh Case

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Call 1-888-341-1405 for a free consultation with a recognized leader in personal injury and medical device litigation. You can also contact us online to discuss the details of your case.

By: Marilyn McGoldrick, Esq.

Published on September 6, 2017

Johnson & Johnson’s Ethicon subsidiary was ordered to pay plaintiff Ella Ebaugh $57 million dollars for injuries she suffered from their transvaginal mesh implants. The verdict, rendered in Philadelphia Common Pleas Court, was the largest verdict in the Philadelphia  mass tort litigation.

Ebaugh, 51, was treated for stress urinary incontinence (SUI) with J&J mesh implants called TVT and TVT-Secur. While the implants successfully treated that minor condition initially, later the mesh eroded into her urethra. Three surgeries were required to remove the mesh.  According to her lawsuit, Ebaugh’s injuries included extensive scarring to her urethra, intrinsic sphincter deficiency, chronic urinary tract infections, chronic pelvic pain and dyspareunia, or chronic pain during sex. She has been unable to work since the mesh eroded.

The jury awarded $7.1 million in compensatory damages, and $50 million in punitive damages. It is the fifth successive multi-million dollar award against J&J and its Ethicon unit in a pelvic mesh case. You can read more about the previous awards here: Belz ($2.16 million); Engleman ($20 million);  Carlino ($13.5 million);  and Hammons ($12.5 million).

J&J and Ethicon plan to appeal the verdict.

Attorney Marilyn McGoldrick leads Thornton Law Firm’s vaginal mesh injury team. We represent women in claims against Boston Scienific, Caldera, Coloplast, Cook Medical, C.R. Bard, Inc., Mentor Worldwide, and Sofradim/Covidien, as well as against Johnson & Johnson’s Ethicon unit. If you have pelvic mesh implant and have experienced side effects, including mesh erosion, mesh contraction, infection, pain, urinary problems, severe pelvic pain, bleeding, vaginal tightening or shortening, inability to engage in sexual intercourse, painful sexual intercourse, additional surgeries, or organ perforation, and would like a  confidential and fair evaluation of your legal claim, please call us at our toll free number 1-888-341-1405, or tell us your story on the online. Time limits for filing legal claims are short and strictly enforced. Seek legal advice immediately about your defective mesh implant.

 

J&J’s Ethicon To Pay $2.16 Million In Pelvic Mesh Verdict

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Call 1-888-341-1405 for a free consultation with a recognized leader in personal injury and medical device litigation. You can also contact us online to discuss the details of your case.

By: Marilyn McGoldrick, Esq.

Published on June 5, 2017

A Pennsylvania state court jury awarded $2.16 million in damages to a woman with an Ethicon ProLift +M  Pelvic Floor Repair System which eroded inside her body and cannot be removed.  This is the fourth consecutive win for plaintiffs in the Philadelphia Court of Common Pleas, and the fourth multi-million dollar award against Johnson & Johnson and its subsidiary Ethicon. It is the first time  punitive damages were not awarded.

The award is entirely compensation for the plaintiff’s injuries, including lost income, medical bills, and extreme pain and suffering. Diagnosed in 2006 with Pelvic Organ Prolapse (POP), a common condition in women who have had children,  plaintiff Sharon Belz was implanted with an Ethicon Prolift+M system.  The product, a large piece of polypropylene mesh, is used to help support pelvic organs which have prolapsed or fallen out of position. The ProLift+M  was recalled by Johnson and Johnson in 2012, seven years after it was first placed on the market.

After the mesh began deteriorating in Mrs. Beltz’s body, surgeons attempted to remove it, but were unable to do so.  As a result, she suffered and continues to suffer.  Court filings describe her condition:

“Mrs. Beltz’s problems are thus permanent. She may elect to undergo further pain injections, resection of the mesh, or start taking pain medications regularly, but these options at best will only mitigate her symptoms. She has to live the remainder of her life with constant pelvic pain, a sensation her bladder is pulling, urinary incontinence and retention, lower flank pain, urinary tract infections, and severe pain with sex that lingers days after she has intercourse, ….. She will be at risk for exposure of the mesh in her vagina and erosion of the mesh into her bladder, urethra, or other organs for the remainder of her life.”

The Beltz jury concluded that the risks presented by the mesh far outweighed the benefits, and that was the basis for their award of compensatory damages. However, the jury did not find that the ProLift+M mesh was defective, nor that Ethicon/J&J failed to warn the plaintiff and her doctors. In the three previous verdicts against Ethicon, the juries did rule that Ethicon’s mesh implants were a defective product, and that Ethicon and Johnson & Johnson failed to warn that the mesh was defective. In those cases, the verdict was included a punitive damages award: Engleman ($20 million);  Carlino ($13.5 million);  and Hammons ($12.5 million).

Thornton Law Firm’s pelvic mesh injury team represents women in claims against Johnson & Johnson’s Ethicon unit, as well as  against Boston Scientific, Caldera, Coloplast, Cook Medical, C.R. Bard, Inc., Mentor Worldwide, and Sofradim/Covidien. If you have a vaginal mesh implant and have experienced any side effects, including infection, pain, bleeding, mesh erosion, mesh contraction, urinary problems, severe pelvic pain, vaginal tightening or shortening, painful sexual intercourse, inability to engage in sexual intercourse, additional surgeries, or organ perforation, and would like a  confidential and fair evaluation of your legal claim, please call us at our toll free number 1-888-341-1405, or tell us your story on the online. The legal time limits for filing claims are very short and strictly enforced, so seek legal advice as soon as possible about your transvaginal mesh implant.

J&J Ordered to Pay $20 Million to Victim of Defective Pelvic Mesh

Call 888-341-1405 for a free consultation with a recognized leader in personal injury and medical device litigation. You can also contact us online to tell us your story.

By: Marilyn McGoldrick, Esq.

Published on May 2, 2017

A Pennsylvania state court jury in Philadelphia concluded that Johnson & Johnson’s TVT-Secur mesh, designed to treat incontinence in women, was defectively designed and caused Margaret “Peggy” Engleman’s injuries. The jury awarded her $2.5 million in compensatory damages for pain, suffering and economic loss and then punished J&J and its Ethicon unit with $17.5 million in punitive damages.

Ms. Engleman received the TVT-Secur transvaginal mesh implant in 2007 to treat her stress urinary incontinence (SUI).  SUI is a common medical issue, especially in women who have given birth; the mesh is supposed to support the urethra and prevent leaks. However, within one month of receiving the TVT-Secur implant, it failed, and Ms. Engleman began experience urinary incontinence again. Within a few months the mesh began to erode inside her body, causing her to experience severe pain. Despite undergoing three separate surgeries under general anesthesia to remove the eroded mesh, her doctors have been unable to remove it all, and she still experiences pain and urinary dysfunction to this day.

“I’m happy I could be a voice for other women,” Engleman said in a statement released after the verdict. “It’s been a nightmare, and I feel justice was truly served today.”

This is the third eight figure award against Johnson & Johnson in a pelvic mesh trial in Philadelphia.  A Toms River, New Jersey woman was awarded a $13.5 million mesh verdict in 2016, and an Indiana woman was awarded $12.5 million in 2015.

If you believe you have a vaginal mesh lawsuit, Thornton Law Firm’s pelvic mesh team represents women in claims against the major mesh manufacturers including Boston Scientific, Caldera, Coloplast, Cook Medical, C.R. Bard, Inc., Ethicon/Johnson & Johnson, Mentor Worldwide, and Sofradim/Covidien. If you have suffered side effects from your mesh implant, including but not limited to bleeding, mesh erosion, constant pain, mesh contraction, urinary problems, additional surgeries, infection, vaginal tightening, painful sexual intercourse, inability to engage in sexual intercourse, or organ perforation, you may have a claim for damages. Please call attorney Marilyn McGoldrick at our toll-free number 888-341-1405, or tell us your story using our online contact form for a  no-cost, completely confidential evaluation of your legal rights. The time limits for filing all legal claims are short. Do not delay seeking legal advice.

$13.5 Million Dollar Pelvic Mesh Trial Verdict Against J&J

By: Marilyn T. McGoldrick, Esq.

Posted on February 12, 2016

A Philadelphia jury has awarded $13.5 million to Sharon Carlino who claimed permanent damages from an Ethicon TVT midurethral sling mesh implant. This was the second verdict against Johnson & Johnson’s Ethicon unit in a pelvic mesh case. In December a jury awarded $12.5 million against J&J for injuries caused by another mesh product, the Ethicon ProLift pelvic organ prolapse repair kit.

The jury found that the TVT (Trans Vaginal Tape) mesh sling was not reasonably safe, and that the plaintiff’s surgeon would never have used it had he been warned of the risks. The jury awarded $3.5 million in compensatory damages and $10 million in punitive damages to Mrs. Carlino. $250,000 was awarded to her husband for injury to their marital relationship.

Sharon Carlino was implanted with the TVT mesh implant in 2005 to treat her stress urinary incontinence (SUI). She had sharp pains in her vagina and in 2007 and 2010 her doctor performed surgery to remove exposed mesh. Despite the surgeries Carlino continues to have pain to this day.

Ethicon has indicated that it will appeal the verdict.

Thornton Law Firm’s transvaginal mesh team represents women in claims against Boston Scientific, Caldera, Coloplast, Cook Medical, C.R. Bard, Inc., Ethicon/Johnson & Johnson, Mentor Worldwide, and Sofradim/Covidien. If you have a mesh implant and have experienced any side effects, including but not limited to mesh erosion, bleeding, persistent pain, mesh contraction, urinary problems, additional surgeries, infection, vaginal tightening or shortening, painful sexual intercourse, inability to engage in sexual intercourse, or organ perforation, please call attorney Marilyn McGoldrick at our toll free number 888-341-1405, or tell us your story using our online contact form for a free, confidential evaluation of your legal rights. The time limits for filing all legal claims are short. Do not delay seeking legal advice.

$12.5 Million Transvaginal Mesh Verdict Against J&J


Call 1-888-341-1405 for a free consultation with a recognized leader in 
personal injury and medical device litigation. You can also contact us online to discuss the details of your case.

By Marilyn McGoldrick, Esq.

An Indiana woman was awarded $12.5 million dollars against Johnson & Johnson’s Ethicon unit in damages for the injuries she suffered from their ProLift transvaginal mesh implant. The Court of Common Pleas jury awarded $5.5 million dollars in compensatory damages and added $7 million dollars in punitive damages to punish Johnson & Johnson for recklessly marketing the device.

Plaintiff Patricia Hammons, age 65, underwent surgery in 2009 for bladder prolapse, and received a ProLift pelvic organ prolapse repair kit to support the area. Shortly after the surgery, she experienced pain, including painful sexual intercourse, and had several corrective surgeries attempting to remove the mesh which had bunched up inside her pelvis.

Plaintiff’s experts testified that completely removing the mesh was exceedingly difficult, if not impossible, describing it as a “surgical train wreck”.  In testimony that may have influenced the jury’s award of punitive damages, J&J’s own product engineer Scott Ciarrocca testified that no one at the company had given any thought as to what to do if the product failed.

Nationwide, there have been 16 verdicts against Johnson & Johnson for defective pelvic mesh implants, totaling $247 million dollars. It is estimated that there are over 100,000 cases pending nationwide against Johnson & Johnson and the other makers of transvaginal mesh products.

Thornton Law Firm’s pelvic mesh team represents women in claims against Johnson & Johnson’s Ethicon unit, as well as  against Boston Scientific, Caldera, Coloplast, Cook Medical, C.R. Bard, Inc., Mentor Worldwide, and Sofradim/Covidien. If you have a transvaginal mesh implant and have experienced any side effects, including infection, pain, bleeding, mesh erosion, mesh contraction, urinary problems, severe pelvic pain, vaginal tightening or shortening, painful sexual intercourse, inability to engage in sexual intercourse, additional surgeries, or organ perforation, and would like a no-obligation, completely confidential evaluation of your legal claim, please call us at our toll free number 1-888-341-1405, or tell us your story using our online contact form. The legal time limits for filing claims are very short, so do not delay seeking legal advice.

New Pretrial Orders Issued In Transvaginal Mesh MDL

By Marilyn T. McGoldrick, Esq.

Posted on June 19, 2013

Last week the West Virginia court overseeing the vaginal mesh litigation involving Johnson & Johnson’s Ethicon unit issued a pair of new pre-trial orders. The first rescheduled the presentation of possible bellwether cases to the court by one week, to July 25, 2013. The court will review the cases presented and decide which cases will be the first to go to trial, and in what order they will be tried. None of the other dates in the court’s pre-trial order were changed, so the first trial is still scheduled to be held on January 14, 2014 in front of Judge Joseph R. Goodwin.

The second new pre-trial order adopts a stipulation agreed to by both sides regarding documents produced in response to subpoenas to third parties. It gives Johnson & Johnson & Ethicon 30 days to review the documents and designate any portions as confidential or proprietary information. The plaintiffs will have copies of all the documents from the beginning including the 30 day period of confidentiality review. We believe this is a fair agreement and it will speed up the acquisition of the documents we believe will strengthen the plaintiffs’ cases.

Thornton Law Firm mesh lawyers continue to investigate transvaginal mesh claims against J&J and Ethicon, as well as against the other vaginal mesh manufacturers American Medical Systems, Inc., C.R. Bard, Inc., and Boston Scientific Corp. We offer free consultations. If you are one of the thousands of women who received painfully defective mesh implants, tell us your story here, or call us at 888-341-1405 to discuss your legal rights. Time limits for filing a claim are short so do not delay.

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