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Huskey $3.27 Mesh Verdict Survives Final J&J Appeal!

Jo and Allen Huskey

Mesh Medical Device News Desk, October 4, 2017~  Johnson & Johnson and its Ethicon division has just exhausted  its final appeal of the Huskey’s pelvic mesh verdict of $3.27 million, ending five years of litigation.

The U.S. Supreme Court (SCOTUS) will not hear the Ethicon appeal of the product liability trial of Jo Huskey and her husband.

That was the last bite of the apple for the healthcare giant.

Ms. Huskey’s attorneys were Fidelma Fitzpatrick and Ed Wallace, who had this to say to MND,

“Several years ago we started on a journey to simply make sure that Ethicon acknowledged it caused Jo Huskey harm and if Ethicon refused, we wanted to make sure that Ethicon was held accountable.  Jo Huskey was one of tens of thousands of women that had filed claims in West Virginia, she was now a number on a legal docket, and it was unclear if her case would ever see a courtroom.  Somehow her case was selected as a “bellwether” case and suddenly Jo was thrust into the national spotlight. 

Ed Wallace, attorney for Jo Huskey

“Jo has handled herself admirably. Every nook and cranny of her life was examined, and when something happened in her case, Jo would not only ask how this affected her and her family, she also wanted to know how the other women like her were affected by whatever happened in her case.  That careful and caring attitude has remained the same throughout the case and all the way up the Supreme Court.  I’ve spoken with her and she wants everyone to know how she grateful she is for the well wishes and is glad to see that the Courts have done the right thing.  And now, Ethicon has finally been held accountable.  Finally.”  

In 2014, Huskey v. Ethicon (2:12-cv-05201)  was heard in Charleston, West Virginia before Judge Goodwin.

The jury awarded her damages totaling $3.27 million.  This was the first bellwether pelvic mesh case naming Ethicon to go to trial in this multidistrict litigation where presently there are more than 104,000 cases filed.

Huskey on the stand with Christy Jones, August 28, 2014

The litigation concluded with compensatory damages and a decision that her pelvic mesh, a TVT-O, was defective.

Ethicon appealed the verdict, first to Judge Goodwin. He refused to throw out the verdict. Ethicon would not be deterred and took the case to the Fourth Circuit Court of Appeals but it too rejected Ethicon’s arguments. The appeals court also affirmed the TVT-O had a defective design.

Find the Fourth Circuit decision here.

Dusting itself off once again, Ethicon appealed to the U.S. Supreme Court to review the appellate court decision. It was the same move J&J tried in the pelvic mesh $11.1 million verdict in the 2013 mesh trial of Linda Gross. In that case as well, the U.S. Supreme Court refused to hear the case.

Ethicon had planned to argue that TVT-O was cleared through the FDA’s 510(k) process so it had followed requirements to market, and that the Prolene suture, which makes up the TVT-O also had FDA clearance and a history of safe use.

Ethicon had also argued that the Huskey’s failed to prove that a specific defect of the TVT-O design caused her harm, such as a heavyweight polypropylene mesh.

Fidelma Fitzpatrick, Motley Rice

The Huskey case was the second to find the TVT-O was defectively designed.  In April, 2014, a Dallas jury awarded Linda Batiste $1.1 million over her TVT-O,  with jurors deciding the polypropylene sling used to treat incontinence was defectively designed.

Ethicon will have to save that argument for another day. ###

 

HUSKEY TRIAL

Huskey had proven by the preponderance of the evidence, defective design, a failure to warn, strict liability and negligence in her lawsuit against Johnson & Johnson and its division, Ethicon. 

She was awarded:

$100, 000 – Reasonable medical costs

$470,000 – Past pain and suffering, mental anguish

$2.5 Million – pain, suffering, mental anguish, disability, loss enjoyment of life now and in the future.

$200,000 – Loss of consortium Mr. Huskey

= $3.27 million

 

LEARN MORE:

MND, Huskey case going to the Supreme Court? June 2017
https://www.meshmedicaldevicenewsdesk.com/jo-huskey-pelvic-mesh-case-going-supremes/

MND Huskey Transvaginal mesh $3.27 Million Award Affirmed by Appeals Court, February 2017,
https://www.meshmedicaldevicenewsdesk.com/huskey-transvaginal-mesh-3-27-award-affirmed-appeals-court/

US Court of Appeals Fourth Circuit, January 26, 2017
http://caselaw.findlaw.com/us-4th-circuit/1768557.html

MND, Linda Gross $11.1 Million Jury Verdict Survives Final J&J Challenge, December 6, 2016
https://www.meshmedicaldevicenewsdesk.com/linda-gross-11-1-m-jury-verdict-survives-final-jj-challenge/

MND, Coverage of Huskey Trial
https://www.meshmedicaldevicenewsdesk.com/?s=huskey 

 

17 Comments

  1. Bejah Blue says:

    So happy for Jo and Allen….a good man who stood by his woman in keeping with those sacred vows. Love is all there is, all that matters. Bejah

  2. Jo Huskey says:

    My husband and I Thank God every day for getting through what this has done to our lives. I thank God he blessed me with Allan, since we had only been married a short time. I pray for all the women in this situation keep fighting, some days it’s feels impossible so my book Jesus Calling is always by my side with the Bible. I don’t know why it was me-each of us ask ourselves the same question? Keep fighting make them accountable and let me just say Ed Wallace and his firm got me through this. Compassion dedicated-I know God led me to them as well. I will continue to pray for all of the women who suffer. A special thanks to Jane for giving women a voice while the media stay quiet. She is amazing!

    • Jane Akre says:

      Thank you Jo,,,,you are a hero for all you and your husband endured. I was honored to sit in the courtroom when the verdict was read….an amazing moment!!!

      • Jo Huskey says:

        Someday I would feel privileged to me you. To sit and support someone who will be in the same situation and wonder why all of this has been swept under the media rug. Money-if you have enough you can cover up a great deal of greed and lack of conscious. I just never thought I would see it personally. I feel like I still want to stay vocal and initiate change. I know that is what we all want. Right now I am just going to breathe and try to enjoy God getting me through each day. And thank God Allan is still here. God Bless you all.

  3. Lordhelpus says:

    She’ll have to endure the pain for the rest of her life, but at least justice has been served! I am so glad for her!!

  4. Connie says:

    Thank The Lord it’s finally over for you guys . This is wonderful news & I’m thankful for you darling !!

  5. Anon says:

    So happy that this part of this horrible ordeal is over for Jo and Allen.

  6. Kitty says:

    Happy for you. Love your booklet……

  7. Bejah Blue says:

    I am especially pleased to see the consideration for not only pain and suffering but mental anguish which is a profound component of suffering. For so long the psychological impact of suffering has been ignored, especially where women are concerned….it is comforting to see it considered appropriately here. Still the impact of psychological suffering can not be measured adequately and may indeed be immeasurable particularly in situations like this. It does not end, more importantly, when the trial is over or when the pain is addressed well…it continues typically far into life and its coat tails must be finally integrated to achieve meaningful healing. This judgement gives us all hope and that is good medicine. Bejah

  8. Bejah Blue says:

    I wanted to add a note from a post I received on my laptop today. It is a reminder of the capacity of herbs to address pain (one of our favorite subjects). I took particular note that baths are far more healing than showers and immersion in water is very healing and deeply cleansing…even cleansing negative energy we may accumulate during the day. I add epsom salt often, use my favorite Caress cleansing liquids and it is recommended that one also use sage in the bath. I have white sage growing in my garden and I forget to use it….how could I forget! I do not know but I am going to make an effort to use it more now. Here is a little info. on ancient herbs used for pain:

    o Ginger
    o Kava Kava
    o Oregano
    o St. John’s Wort
    o Devil’s Claw
    o Turmeric
    o Feverfew
    o Capsaicin
    o Valerian Root

    I encourage you all to explore the use of these but please remember there are serious compounds so please check with your pharmacist or trusted physician to be sure they are OK for you.

    Let us remember that corporate America wants to control our access to these herbs and in some cases try to prevent access forcing us to use their OTC products in order to maintain and increase their profit streams. They are in fact trying to put small companies that sell herbs and vitamins, supplements, etc. out of business or buy them out so remember that there is war on many fronts. We must support these small companies in order for them to survive just as we must support Jane in order for this site to survive.
    Love to all, Bejah

    • Kitty says:

      Very interesting BEJAH. Will check it out. Was thinking about u when I was snacking on my pomegranate seeds

      • Bejah Blue says:

        Kitty, Love your sense and sense of humor and love that you are embracing the wonders of pomegranate!

        Often when I go to the market I think that something is too costly and forget that food is medicine… especially pomegranate which is so powerful. I love to put some of the seeds in my salads…such a gorgeous red.

        Yesterday I learned BTW that I can make a tea of Tumeric which is another very powerful and beneficial substance.

        I think a lot of the things I mentioned in this list help with inflammation if my memory serves me well and I have the sense that inflammation is an issue we all tend to share so my hope is that some of these things will help us and we can learn to opt out of corporate OTC “medicines”…I am so sick of the lies, deception, misrepresentation. I am going to try going back to the earth for medicines. I am using coconut oil more and more for cooking, in my hair, in my body lotion….and the fragrance is so heavenly. I have also ordered Tea Tree Oil and I am anxious to get it and start using it, especially for the Vulvodynia.

        I am also using things like vinegar and baking soda for household cleaning and no longer buying the corporate products.

        Take care dear sister,

        Bejah

  9. Jimmy says:

    Do you believe this will push j&j toward a settlement faster. Or drag their feet slower?

    • Bejah Blue says:

      Jimmy, It may be that to answer that compelling question in a meaningful way we will need to look at their history where settlement is concerned. How often and at what point in other matters have they opted for global settlement to clear out cases? It would not surprise me if they have never done that. My legal counsel did mention that possibility some time ago but there is no sign of it to date that I can sense.

      It will be interesting to learn what Jane’s sense is. I expect we would all welcome an end to this journey so long as it is remotely acceptable.

      On the other hand, perhaps JnJ will attempt to wait it out and hope that we all die, cutting our settlement value in half, I guess.

      It is pretty clear that there will be no happy endings for us, no justice, no equitable compromise.

      That is why I pray we will do the two really meaningful things we can do that will have an effect: (1) Boycott their products, and (2) Engage in vigorous word of mouth education in our communities. Bejah

  10. Lily says:

    I just want them to take responsibility for what they did to me and my family unable to work with sever uti all the time my husband left me a had 6 kids i worked for years in an advertising agency i was the media coordinator making great money with super benifits lost my job my husband my home struggled on my own for years taking care of my kids alone babysitting to pay my bills and not depend on goverment funds thank God my kids are all grown and in college and are able to help me now but…. They dont seem to get how TVT has distroyed lives just take responsibility.

  11. bejah Blue says:

    Dear Lily, THEY DO NOT CARE. They just want you to die so you do not cost them much money and if they can get away with it they will get your case dismissed on any grounds they can conjure up. We all feel for you here Lily and believe me we deeply understand how you feel. Bejah

  12. Janet says:

    U had,to say this! Ice had,14_surgies to remove,the mesh my life is bad messed up from it! Im about bedridden! I’d love to see my part of the cash I deserve it! There mwsh was bad just pay up don’t make us women suffer more

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