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NJ Judge Upholds $11 Million Linda Gross Award- Ethicon Announces Another Appeal

Linda Gross testifies

Linda Gross testifies

Congratulations Linda and Jeff Gross!

It was a year ago February that Linda and Jeff Gross of  Watertown, South Dakota were awarded $11.1 million following their four-week defective pelvic mesh trial against Ethicon, a subsidiary of Johnson & Johnson.

Wednesday the verdict was upheld in the product liability case.

Atlantic County Superior Court Judge Carol Higbee, who oversaw the trial last February, denied motions by J&J asking for a new trial.  Granting the motion would have stuck down $3.35 million in compensatory damages and $7.76 in punitive damages.  Judge Higbee also refused to reduce the punitive amount.

Ethicon spokesman Matthew Johnson said an appeal will be filed in this case “as we believe the jury’s verdict and damage awards were not supported by the evidence presented at trial.”

The New Jersey Law Journal reports:

Prolift kit

Prolift kit

Ethicon’s Johnson, in his statement, said the company “acted appropriately and responsibly in the research, development and marketing of the Prolift pelvic organ prolapse repair kit.”

 “We empathize with all women suffering from pelvic organ prolapse (POP), which can be a serious and debilitating condition, and we are always concerned when a patient experiences adverse medical events,” Johnson added. “We have always made patient safety a top priority and will continue to do so.”

 

Judge Higbee reportedly felt there was enough evidence presented during trial to prove the Gynecare Prolift Pelvic Mesh kit implanted in Ms. Gross had caused her mesh injuries. At the time Ms. Gross had undergone 18 explant surgeries.

Slater in court, February 2013

Slater in court, February 2013

Recall that the jury found by a 7-2 vote the jury found that J&J failed to warn her implanting physician and made fraudulent misrepresentation to Linda Gross. The award breaks down to $500k for lost wages, $1.1 million for pain and suffering, $1 million for future medical costs, $385 for past medical costs, $180,000 for lost wages and $185 for a per quod claim.

Linda Gross was represented by Adam Slater of Mazie Slater Katz & Freeman of New Jersey. Mesh News Desk covered the entire trial via Facebook in real time through a feed provided by Courtroom View Network.  It may be the first time a trial was ever covered as it unfolded on Facebook.

There are still 5,957 cases filed in the New Jersey court against Ethicon and 1,472 against C.R. Bard. Additionally there are more than 65,000 pelvic mesh defective product cases filed against seven manufacturers in federal court in Charleston, West Virginia.

 Learn More:

 New Jersey Law Journal<July 16, 2014 here

Linda Gross trial Day 31 verdict day!  Mesh News Desk here

Please use the Search Bar to access all 31 days of the Linda Gross trial!!

 

28 Comments

  1. kristine says:

    I’m glad. I think she deserves the money. I’m a sufferer as well. Mesh is terrible . It has destroyed my body.

  2. Connie Thornburg says:

    I am so happy for this lady ! My heart just cried out for her , her husband & family . This is devistating & I’m so happy she lived long enough to see her case settled . I can only pray with the quality of life she has left that she will find emotional comfort in knowing someone believed her !!

  3. msm says:

    How many times do they get to appeal? Forever? Or until they find a judge who prefers Big Pharma over human beings? Would Linda be able to appeal over and over if the verdict had not been in her favor? It would be up to her attorney unless she was willing to pay for an attorney up front instead of on contingency. Who has that kind of money? Big Pharma. I commend this judge and all who see the truth and stand against these manufacturers who continue to victimize patients and use their ill-gotten gains to cover their tracks.

    • Kitty says:

      This is very good news for Linda and her husband. I noticed on another blog that 2 women named Estelle and Cathy will be in Wash DC to address/confront ( if you will) the AUGS convention. This is huge and they are asking others from the area to join them . I wanted desperately to go there–but as I mentioned previously I will not be available on those dates.

      Thank you ladies if you see this. This is huge

    • Jane Akre says:

      This was a motion for a new trial which was denied. Not being a lawyer I believe they can take it to the appellate division… ultimately there is an end to the appeals process.

      • Sue Love says:

        Hi Jane this is Sue in Chillicothe TX , I haven’t been on fb since august of last year I’m sorry I hope I don’t seem selfish but i was getting too depressed with my own health and reading what others were going thru as well. I was also fighting the ins Co so i could have back surgery cause i couldn’t sit upright for 30 min.at a time, update the. Dr. In Dallas really worked with me to get my back surgery but the hospital is a different story but that’s another story , I’m doing better with my back its tolerable now but I’ve tried to get Dr. Carley to do a 3D ultra sound to find the mesh but he’s pro mesh now and said it didn’t work so I’m still having the UTI’s regularly and my body and bones ,shines top of my feet etc. Feels like I’ve been beat with a bat. I look fine from the outside but inside is a different story, since the ACA is in effect we had to get different ins. So maybe Dr.what’s his name in Dallas will see me again and my ins will pay for it please tell everyone I’m still in this world and i truly pray we get this settled quick I’m 61 now as of July 1 and longifiity isn’t good in my family my dad died at 47 lung cancer /heart attack, mom at 42 complications of diabetes , sister at 44 brain tumor, brother at 44 massive heart attack while driving to work he had no previous problems and brother at 53 alcohol-drugs etc, so I’m the matriarch at 61 there’s three left but the 58 year old is pretty bad, I just hope to see something before i die like the rest of the ladies, I can’t go on disability I was told because we own a business, its a mom and pop restaurant in a town of 700 ppl …..thanks for letting me bend your ear and thanks for what all you’ve done for us meshies ,love Sue

        • Jane Akre says:

          Hi Sue– good to hear from you… there is an Open Letter to Insurers in the Mesh News Desk resource column. It worked for one woman. You may want to post about Dallas doctors… I don’t recommend but I know Dr. Zimmern works there and is experienced. probably does not remove all though… many cannot ..seriously post on FB and see what you hear from others okay? I’m really sorry… this is totally unfair!

          • Holly Thomas says:

            Has there been any update on the Master settlement for AMS…I have seen no new info about the settlement they announced 3 months ago.

          • Jane Akre says:

            Lawyers originally said June,,,,, then the disruption erupted among this relatively solidified group of women. Huuum…. The settlement must have about 95 percent agreement for it to fly and for lawyers to be paid. The timing is an interesting coincidence.

          • msm says:

            You have compiled some HUGE developments in the past few weeks ( i.e. International reviews and bans, the latest court decisions in favor of victims, AG investigation, exposure of evidence tampering, FDA reclassification, etc., etc). Might these have all served notice to AMS that the hammer is about to drop on them, too?

            Maybe the firms who have participated in this farce are starting to see how they will be perceived when the public understands the truth of who profits from the settlement. I hope they are all figuring out that the secret settlements will not be as secret in light of the Freedom of Information Act. Maybe some of the details can be hidden but the master agreement will be public including any agreement to drop clients who don’t take the settlement as in the 2013 agreement.

            Bottom line, everything compiled here brings truth to light and puts pressure on all manufacturers. Thanks, Jane!

          • Sue Love says:

            Hi Jane, I have had 4 removal surgeries already but there’s still some left cause he told me and I’m still getting the UTIs etc, but Dr. Carley refused my request for a 3D ultrasound, I’ve had one visit with Dr. Zimmern but only could do the first visit due to lack of ins. I’ll check on thmesh newa desk site , thank you again and for all you’ve done, please tell the ladies on the TVT- NO fb page I miss em all and I like them are still hanging in there, love Sue

  4. Sandy says:

    Ladies this is a victory for us all!!!!

  5. Tambrea says:

    This is a victory for all, they have injured us and we needed this justice for all!

  6. Evy says:

    I’m so happy for her and maybe more will get what they deserve even me ..

  7. pam says:

    tears , FOR ANY WOMAN THAT HAS BEEN THROUGH WHAT MESH DOES TO A WOMAN, SHE DESERVES EVERY PENNY AND MORE . this is insane of what women have suffered for years and will suffer for life, always being the guinea pigs for these chemical companies and medical research, it’s criminal also.

    It should forever be banned in the united states of america , to ever be planted in another human being, and allow a doctor or nurse lie about it. any one that does lie about it, should be put in prison for life, it is that horrible of what woamn have suffered and been lied to, lied on , and lies in records. THE MEDICAL BOARD AND MORE, EVEN MEDICARE INVESTIGATORS THAT RIDICULED THOSE LIKE ME, SAYING THEY FOUND NOTHING WRONG WITH WHAT DOCTORS DIO AND USED WORDS SO EVIL LIKE THEY HAVE WITH ME, SO CRUEL. INHUMAN, DON’T EVER SAY i am harsh in truth, as I have been told I am, people do not get to this point as I HAVE WITHOUT GOOD REASON.

    IT’S HAS BEEN TOO LONG, AND THEY COULD HAVE DONE IT FASTER, HOW MANY HUNDREDS OF WOMEN COULD HAVE BEEN EXAMINED BY DOCTORS AND NOT PRO MESH DOCTORS EITHERLIKE i HAVE BEEN THROUGH HELL WITH. EVEN BEEN ALLOWED TO SHOW AND READ IN RECORDS THE LIES, PROVOKED TO ANGER AT TIMES OVER AND OVER BY THOSE IN MEDICAL THAT HAVE INTEREST IN CHEMICAL COMPANIES AND MEDICAL RESEARCH, THAT USE HUMANS , WE DID NOT VOLUNTEER FOR STATE GUINEA PIGS, AND NEVER WOULD HAVE. BUT WE ARE TOLD TOLD DO AS WE SAY WITHOUT QUESTIONS OR WE WILL WRITE IN RECORDS SO THAT NO DOCTOR WILL BE TRUTHFUL AND HONEST WITH YOU, unbelievable, BUT TRUE!

    JUDGE SHOULD BE KNOWN AS JUST AND SHE DESERVES HER TITLE AS BEING JUST AND ALSO HONORABLE, JUDGE HIIGBEE> THE HONORABLE JUDGE HIGBEE, ALSO HER ATTORNEY, ADAM SLATER, > A RARE BREED FOR AN ATTORNEY THAT FOUGHT A GOOD FIGHT FOR LINDA IN TRUTH, ALSO A NAME TO BE REMEMBERED BY MESH WOMEN DAMAGED , AND THANKED! NOT MANY LIKE THEM TODAY. IT’S OVER LINDA FOR YOU, MAYBE SOME GOD REST WILL HELP, KNOWING HOW STILL DAMAGES BY MESH ARE STILL THERE, MESH CONSUMES YOUR LIFE. IN HEALTH AND TIME, PAIN AND LIFE SUFFERING, FOR THE REST OF YOUR LIFE. GOOD NEWS!

  8. pam says:

    also so long and never were funds ordered by courts to make available for all women damaged to get to doctors not pro mesh doctors that could have possibly helped them remove mesh faster , they knew the longer in more damage and suffering.

  9. Olive McIlroy says:

    Linda what a brave and deserving individual. It is not about the money, take away the media. litigation and government intervention and the inadequate device regulations. That leaves the hundreds of thousands of global patients experiencing the wrath of polypropylene mesh. We are not going to disappear into thin air and neither is the media or the government, particularly in Scotland where polypropylene TVM mesh medical devices for pop and sui remain suspended pending independent review. Persistence will pay

  10. Sue Love says:

    Quick question for Jane or anyone that knows, I read somewhere and it differs in each state that up to 75% of the Punitive or the Compenseatory ( not sure if that’s the right word) will be taken by the state for taxes or something, anyone else heard or read that? I was pretty mad when i read it cause the state hasn’t been affected at all by this !!!!!!!!!

    • msm says:

      Georgia is the only state I know of that takes 75‰ . Punitive damage awards are only to punish the company for wrongdoing and is not meant to compensate the plaintiff. Some states allow the plaintiff to take all of it but cap the punitive damage award to a certain maximum in part to attract companies to the state. Some states have no limits. If you search on Google for punitive damage , you might come up with a list of most states. I can’t find the link but I think that’s what I searched for.

  11. All Meshed Up says:

    I am so very happy for Linda and her Husband. Having the Judge negate the Appeal by J&J was the nail in the coffin for Ethicon.

    Now, we have a trial and a case that clearly shows what these Polypropylene mesh ‘products’ can and will do. The amount of monies that has been awarded to Mrs. Gross is truly an amount that is commensurate with the damage done. This should be the ‘bench mark’ compensation that EVERY mesh case should go by. $40,000 is a slap in the face of anyone who has suffered through multiple surgeries and can no longer work or do the things you love. $40,000 is ‘pocket change’ to the Manufacturers and the fact that certain Lawyers not only advertise this as “Substantial Compensation” but think this is an amount that will change a Mesh Victims life is ludicrous.

    My next thought is this, “Has the FDA taken notice? Or are they communicating with the Manufacturers to help them through these cases”? “Will the FDA finally admit that these Polypropylene Mesh ‘products’ are inherently dangerous for implant and should be taken off the market as Scotland did?”

    Anybody want to hold their breath on this one? I didn’t think so! Best Wishes……..

    • msm says:

      FDA approved AMS to conduct 2 new studies that will involve implantation in nearly 1,000 women. They don’t care.

      http://www.endo.com/news-events/press-releases

      • msm says:

        Endo also continues to advertise that complications are RARE. The following it from a June 9, 2014 Endo press release about the two new studies:

        “Although rare, some of the known risks of surgical procedures for the treatment of pelvic organ prolapse include the following …”

        This is what Endo is passing on to the public and is sure to influence prospective patients. The FDA is allowing this.

  12. All Meshed Up says:

    Of course the FDA is allowing the Manufacturers to lie or misconstrue the truth about what mesh can do. They have been doing it for years and the Linda Gross case shows it! Even now, with all the evidence of what that women went through the FDA is mute. The fact that J&J/Ethicon was found being guilty of FRAUDULENT advertising and not being truthful to the Medical Community as well should set off alarm bells at the FDA and DOJ. Nada. Destroyed evidence in the thousands of pages that J&J got rid of. Nothing from the Governmental Agencies that are supposed to protect us.

    We just don’t have enough money to buy the protection that the Manufacturers apparently have.

    I would like to be wrong but I do not believe I am. Why is it so hard to get cases through the Courts? The FDA. If the FDA would come out against these products and be the saviors to the injured, we could all need not worry about money. But no. The FDA is mute on this subject.

    Chinese dog food anyone?

  13. Kitty says:

    all we can do is continue to show that we have been injured—-just like Linda

  14. Jughead says:

    This should make your head explode:

    The decision “only marks the start of the appeals process,” Ethicon spokesman Matthew Johnson said in a statement. “We will be filing an appeal in this case as we believe the jury’s verdict and damage awards were not supported by the evidence presented at trial.”

    • Kitty says:

      Did you not read what Jane wrote? “Ultimately there is an end to the appeals process” There is plenty of evidence to be presented —-

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