Ethicon wanted to overturn the $15 million verdict in favor of mesh-injured Elizabeth Hrymoc.
The 71-year-old was awarded that amount by a New Jersey jury last November after a 17-day trial.
Adam Slater represented Ms. Hrymoc who sat in the courtroom alongside her husband, Thad. She alleged the Prolift mesh and TVT-O devices implanted in her were defective and the company failed to warn about the risks. She continues to suffer from pain, vaginal erosion and dyspareunia. See MND coverage here.
The $15 million verdict included $10 million for punitive damages, intended to punish Ethicon for its behavior. Ethicon is the medical device division of Johnson & Johnson. The jury of ten found a wanton disregard for patient health and that Ethicon displayed a malicious intent. MND coverage here.
Ethicon immediately appealed.
On Monday, March 5, Judge Rachelle Lea Harz of Bergen Co. Superior Court, denied the motion to reverse the verdict. Ethicon also asked for a new trial which was denied.
Judge Harz, who is overseeing hundreds of pending mesh cases, said Ethicon failed to warn about the risks of its medical devices.
Ethicon faces more product liability cases than any other mesh manufacturer in the West Virginia court, which has consolidated more than 104,000 cases. It is the last manufacturer to offer global settlements and instead has vowed to fight every case in court.
To date, Ethicon has won only three cases (Lewis, Cavness, Atkins, though Atkins will receive a new hearing).
The next mesh case in this courtroom will be McGinnis v. Ethicon, March 19. Mr. Slater again will represent the plaintiff.
Ethicon has lost 11 cases before juries in three venues, Philadelphia, New Jersey and Charleston, WV, the Hrymoc case among them. (Use the Search Bar to see Gross, Batiste, Huskey, Budke, Perry, Hammons, Carlino, Engleman, Belz, Ebaugh). See MND on trial tally so far here.
Ethicon has offered individual settlement with plaintiffs, as much as $5 million in Wicker v Ethicon.
The case is Elizabeth Hrymoc v Ethicon, Case No. L-13696-14, heard in New Jersey Superior Court, Bergen Co. NJ, before the Honorable Rachelle Harz. ###
The three-week trial of Jennifer Snowden concluded with a jury win for Ethicon over her Abbrevo transvaginal mesh. She vows to continue the fight for other women.
New Jersey Superior Court will be the venue for an upcoming number of hernia mesh trials focused on the LifeCell Strattice biologic mesh. This is the first trial of a biologic mesh made of pig skin.
The nine-day trial of Tina Burris v Johnson & Johnson ended with a defendant win after jurors decided the company had issued adequate warnings about the risks of Prolift.