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Huskey Transvaginal Mesh $3.27 Million Award Affirmed by Appeals Court

Jo and Allen Huskey

Mesh Medical Device News Desk, February 1, 2017 ~ Huskey Case Affirmed by Appeals Court becoming the third transvaginal mesh case to survive the appeals process. 

The transvaginal mesh award of $3.27 million in the case of Jo Huskey v. Ethicon has survive an appeal by the healthcare giant.

Huskey v. Ethicon, Inc. (2:12-cv-05201)  went to the U.S. Court of Appeals for the Fourth Circuit, which affirmed the jury award Thursday January 26th, denying Johnson & Johnson’s appeal asking for a judgment in their favor or a new trial.

Here is the opinion.

Huskey v. Ethicon, a subsidiary of Johnson & Johnson, was the first J&J bellwether case to go to trial in Charleston, West Virginia, in multidistrict litigation (MDL) that now has more than 100,000 lawsuits filed.

Huskey and Christy Jones

The plaintiffs, Jo and Allen Huskey, alleged her TVT-O was defective and caused her permanent and severe complications including chronic pelvic pain, sexual dysfunction and loss of consortium.

After a nine-day trial on September 5, 2014, Husky and her husband were awarded $3.27 million and an affirmation of all five claims including failure to warn and design defect. Here is the MND story.

Plaintiffs’ attorneys had argued the use of a heavyweight polypropylene mesh constituted a design defect. The appeals court stated the jury could reasonably infer from expert testimony that using a lightweight mesh would have reduced the foreign body reaction within the body without a loss of effectiveness.

Ed Wallace, attorney for Jo Huskey

Huskey was represented by Ed Wallace and Mark Miller of Wexler Wallace, Fidelma Fitzpatrick of Motley Rice and Jeffery Kuntz of Wagstaff Cartmell. (Your editor was in the courtroom. See Wallace’s closing argument here.)

Ethicon appealed after the unanimous jury verdict. See a Mesh News Desk background story here.

In its 23-page opinion and order on January 26, 2017, the U.S. Court of Appeals for the Fourth Circuit affirmed that the District Court committed no reversible errors and the Plaintiffs offered sufficient evidence to sustain the jury verdict.

This is the third jury verdict in favor of a plaintiff to be upheld following a manufacturer appeal.

Jurors, art by Akre

In the July 2012 trial of Christine Scott v. C.R. Bard, the Bard appeal was exhausted last year and she was finally paid $3.6 million, the portion attributed to Bard. See the background story here.  See more here. 

The case of Linda Gross v. Ethicon survived an appeal by J&J and the New Jersey Supreme Court denied hearing the case, (see story here) exhausting the appeals process for J&J which now must pay the compensatory and punitive award of $11.1 million.

See more on Gross v. Ethicon here  and use the Search Bar on Mesh News Desk to pull up coverage of Huskey, Scott and Gross trials. ###

15 Comments

  1. Linda says:

    Hooray for the HUSKY’S! It’s just truly unfortunate that money will not repair the permanent damage. Lives that encounter mesh are forever changed. Unbelievable to me that with these awards the product is still on the market.

  2. Sick says:

    This is so awesome! But….I just read that the courts presume that 200 other cases will settle for $10,000! I’m not sure what tier these victims are and I’m not even sure what tier I am. But who decides which cases go to court and which ones get thrown into the group? I feel like I have lost so much of my life already and now I am at someone else mercy and what they think is right for for me……makes me sick! I want it to be over (the MDL part) but how am I supposed to have any comfort knowing that women are settling for so little. Is that what our lives are worth to the courts? I am full of why’s and how comes. My lawyers don’t communicate and I am sick of it. Yes I heard I don’t have to settle but then I read recently that one person turned down the settlement and now she can’t even file again related to the mesh…..sick and tired of being sick and tired…..I continue to get out of bed daily and put on my happy face and pretend everything is okay…..IT IS NOT OKAY!!!!

  3. Tasha says:

    I completely understand. I had mine put implanted in 2013. I had 2 revisions prior to the partial removal of the mesh. Life has been hard since then. The constant pain. My doctor ensured me “it’s not the mesh all over the t.v. he lied to me. I cant sit for more than 3 to 4 hours. Makes my hard to do a 8 hour work day so i lost my job as a result of it. I went with Morgan & Morgan. Laura Yager is me attorney and she responds within 2 days of my call or email. I truly this they are doing the best they can for me but i think J&J are just waiting for us all to die so they don’t have to pay but they are still making a profit off the sales that continue to go on.

  4. Les S says:

    How happy I am for these people.. mesh destroys so many lives.

    • Karla G says:

      How do manufacturers believe that victims, after seeing these verdicts will settle for peanuts. My pain and suffering is the same. Jurys agreed manufacturers were at fault. Why can’t all victims get a trial. Who decides which case goes to trial. Justice is denied. I don’t expect that amount but I also believe we need fair compensation.

      • Jane Akre says:

        They are not the brightest bulbs,,,,,,

      • phyllis says:

        Im happy for this couple , She has suffered way to long, this is so unfair. Why do these doctors still use this product ?? My last big surgery june 2016, AMS mesh used again , i’m in pain everyday, i don’t think its going to hold. I’m scared , am I going to have to get all this meshed replaced ? Don’t know what to do other than a lot of praying !. a lot of staying in bed from pain and depression .

  5. Diva64 says:

    The courts are a bit confusing to say the least. Why can’t the courts,judge,attorneys recognize the medical damages this has caused us all,and everyone be treated fairly,we have been poisioned by a defective medical device and we have are not going to recover. Loss of intimacy,pain, infections, organ destroyed,some multiple surgeries others unable to afford health care go on to develop non curable diseases . They wrongfully imposed a death sentence upom us the day they placed the mesh inside out bodies. The amount of time we each get will very.The mesh manufacturers and the F.D.A. are guilty.
    I congratulate the Huskey’s on their award but even that won’t buy back her life.
    Maybe she can enjoy a Bucket List .

  6. Jeanette C says:

    I am so pleased to hear this news. I don’t know or have heard of the different tiers of settlement could anyone let me know what they are. I have had the mesh eroded into my bowel been marked up for colostomy bag twice, had it trimmed off and wall of rectum repaired, pain is constant, having to retire from my job so now living on my savings, cant stand in for long i.e. Shopping and do not sleep more than two hours at a time due to severe pressure on my bladder, have had partial removal but need the rest taken out as it is still in the wall of my rectum. Praying for some result soon as I cannot afford total removal.

  7. Angry says:

    Ladies have you noticed that there are no bellwether cases on the federal MDL in WV Web site anymore?

  8. Itsia says:

    Glad to hear their case has been settled. I had my mesh removed 2 years ago. Still having secondary problems. My lawyer keeps telling me that it will get settle but he doesn’t see it happening anytime soon. In the meantime I keep having to rush to the br after drinking just 8oz of liquid.

  9. Rae says:

    I filed suit two years ago infections after infection every 4-6
    The last one I had put me in the hospital and the antibiotics they put me on threw me into 3rd stage kidney failure and other problems now since then I have had it removed and (guess what) no problems since what a blessing I have a lot of scar tissue and either phantom pain or just pain but not like it was

  10. Lana Keeton says:

    Jane, You are aware that Ethicon filed a Motion for Re-hearing and the decision in favor of Jo Huskey by the 4th Circuit of Appeals has been stayed. I am filing an Amicus Curiae brief in support of Jo Huskey because I have personal knowledge of the FDA’s position on TVT-O mesh from a scientific presentation I made to the FDA on August 24, 2014. Ben Fisher, PhD, who signed off on the 510(k) clearance of the TVT-O implanted in Jo Huskey SAT right beside me during my presentation.

  11. Cindy says:

    Good for her !!!!!!! My case has been going 5 years now against Johnson and Johnson. I finally heard good news I get my settlement offer packet next month can’t wait. I’m praying every night. Not for the Money but the satisfaction that they had to be punished and pay for their mistakes. And wrong doing….. They lied and with held information that hurt us for the rest of our lives…..It’s not fair. I say we put the mesh in them for a year and see how they like it. Give them a taste of their own medicine. How you like me now. Makes me so angry. I had to have 7 surgeries in 7 years. I finally had my last mesh removed last year in June no more for me and how sick the each surgery made me the complications I had following omg horrible. I can’t wait to see them put a price on my life .Stay strong and positive ladies .

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