Pa. Court Stands By $13.5M Ethicon Pelvic Mesh Award

Pa. Court Stands By $13.5M Ethicon Pelvic Mesh Award

Introduction

On Thursday, April 11, a Pennsylvania state appellate court upheld a $13.5 million pelvic mesh verdict awarded to a New Jersey woman in a lawsuit filed against Johnson & Johnson's subsidiary, Ethicon Inc.

The plaintiff was treated for stress urinary incontinence and uterine fibroids in 2005 when she was implanted with Ethicon's TVT, after which she went through a few more corrective surgeries. The plaintiff stated in her complaint that Ethicon's transvaginal tape, or TVT, caused her constant pain and sexual dysfunction. In February 2006, a jury ruled in favor of the woman holding J&J and Ethicon responsible for her complications. Superior Court Judge Victor P. Stabile rejected J&J and Ethicon’s argument that the award given to the plaintiff was unjustified and that the firm did not receive a fair chance during a Philadelphia civil trial. Judge Stabile found the evidence presented at the trial indicated that Ethicon promoted TVT as a treatment for stress urinary incontinence even after being aware of its possibility of causing vaginal, muscular pain, and sexual problems. The Superior Court's decision said that the company downplayed the risks of the defective mesh and misinformed doctors about the size of the adverse event reports.

Ethicon pelvic mesh lawsuits are consolidated as a part of a multidistrict litigation (MDL No. 2327; In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation) before U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia.