Trial News: J&J TVT-O Mesh Found Defective

//Trial News: J&J TVT-O Mesh Found Defective

Trial News: J&J TVT-O Mesh Found Defective

judge mallet 200BREAKING NEWS !!

TVT-O from TVT Meshed Up, UK

TVT-O from TVT Meshed Up, UK

The trial of Linda Batiste v. Ethicon concluded April 3, 2014, just before 6pm central time with the jury returning a verdict that the TVT-O mesh implanted in Batiste was defectively designed.

That was the central count to this product liability trial.  The jury awarded her $1.2 million.

This marks the second state verdict for the plaintiff  in defective product actions naming Ethicon, the women’s health and urology division of Johnson & Johnson, over its transvaginal mesh products.

The TVT-O is used to treat stress urinary incontinence. It contains a mesh made of polypropylene that is permanently implanted through the vagina. The complaints say mesh erodes, causes infection, nerve damage, chronic pain and is difficult if not impossible to completely remove since it is intended to be a permanent implant.

Here is what the Dallas jury decided tonight.

Compensatory Damages = $1.2 million

Design defect of the TVT-O- Affirmative 8 – 2

Defective marketing/Instructions  – No

No Punitive Damages!

Aaron Horton and L Batiste

Aaron Horton and L Batiste

Aaron Horton our Court Watcher says “Oddly, the two dissenting jurors were women in the baby boomer generation. All of the men voted Yes.”

In order for punitive damages to be awarded, the jury had to be unanimous. They were not.

Closing arguments presented both sides to the jury for their final consideration this afternoon. (See backgound story here.)

Friday Add* In a statement issued to Fierce Medical Devices, Matthew Johnson, a spokesman for J&J, said “We believe the evidence showed Ethicon’s TVT-O pelvic mesh was properly designed and that Ethicon acted appropriately and responsibly in the research development and marketing of the product. The jury’s verdict on design defect is disappointing, and we believe we have strong grounds for appeal.”

And there is more from Matthew Johnson, spokesman:

We emphasize with all women suffering from SUI, which can be a serious and debilitating condition, and we are always concerned when a patient experiences adverse medical events.” Johnson continued. “TVT-O has been deemed safe and effective by regulators and practitioners alike and it continues to be an important option for treating physicians to offer to women suffering from SUI.”

Linda Gross v. Ethicon

This was the second time the healthcare giant faced a defective product case filed by a mesh-injured woman in state court.  On February 22, 2013, a New Jersey jury decided that the Prolift mesh implanted in Linda Gross was not defectively designed by a 9-0 verdict. The jurors decided that Ethicon failed to provide adequate warning to her implanting physician (7-2). The plaintiff in that case proved a fraudulent inadequate warning was given to Ms. Gross (7-2).

She was awarded $3.35 million in compensatory damages after a 27-day trial.  The punitive damages to send Ethicon a message by a 7-2 vote were $7.76 million.

In the Gross v. Ethicon trial it was shown Ethicon never determined before it sold TVT-O how complications would be handled.

Federal Trial of C. Lewis v. Ethicon

There have been just three product liability trials naming Ethicon.  Last February,  the case of C. Lewis v. Ethicon was heard in Charleston, WV where 17,518 cases naming Ethicon are consolidated. That case was brought to a rapid close February 17, with Judge Joseph Goodwin, displaying frustration with the case, granted the defendant its motion for a directed verdict just as Ethicon was about to begin its case.

Ethicon leads the seven manufacturers with the most cases, followed closely by American Medical Systems at 17,111. The others include C.R. Bard (8,195); Boston Scientific (11,274); Coloplast (1,422); Cook (230); and Neomedic (11).

Additionally, in New Jersey Superior Court there are 5,000 Ethicon cases filed. New Jersey is the home state of Ethicon. Hundreds if not thousands more cases are filed around the U.S.  and around the globe as the U.S. exports its medical devices.

Women from Australia, France, Canada, Zimbabwe, Israel, Scotland, as well as other countries have called Mesh News Desk about their product liability actions filed in their countries.

Jurors in this Dallas court were not allowed to hear about the numbers in this Mass Tort. 

Altogether there are 55,761 cases filed in the Southern District of West Virginia against all seven defendants.

By | 2014-04-03T19:06:44+00:00 April 3rd, 2014|News|42 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

42 Comments

  1. Tvtinfo April 3, 2014 at 7:23 pm - Reply

    That’s great news, Jane! Thanks for keeping us all up to date on the trial.

    tvtinfo

  2. Michelle April 3, 2014 at 7:27 pm - Reply

    I cry every time I see a good verdict like this. I do believe that they should have to pay punitive, but I am happy still. A win is a win for all of us! It means someone is listening. Hopefully we will all get justice.

  3. jacqui scott April 3, 2014 at 7:31 pm - Reply

    great news jane and thank you to linda and her team and to aaron and kathy for the updates

    but most of all justice has been done thank you lord <3

    • Jane Akre April 3, 2014 at 7:35 pm - Reply

      Thank you Aaron for being in the courtroom!

  4. Tambrea April 3, 2014 at 7:37 pm - Reply

    Thanks to all, our prayers answered!

  5. Linda April 3, 2014 at 7:41 pm - Reply

    Great news! Awesome reporting. Justice prevailed.

  6. Evelyn April 3, 2014 at 7:52 pm - Reply

    This is GREAT news tell LB Congrats and thank you Aaron and Jane for keeping us posted God Bless <3 🙂

  7. stopmeshimplants April 3, 2014 at 7:56 pm - Reply

    Here we go……the door has been opened. Thank you to Linda Batiste for being the brave soul she was throughout this ordeal. And thank you to these attorney’s who got at the facts. Next?

    Thanks to all who shared the updates in the courtroom. We are so grateful and appreciative of your time, talents and comments.

  8. It'sabouttime April 3, 2014 at 8:07 pm - Reply

    Thank you so much for the awesome coverage of these trials. A win! Let’s keep the wins coming. Perhaps we can all finally have settlement for all the medical bills, time of work, loss of income.. and damage to our relationships and sex life.

  9. Elaine April 3, 2014 at 8:07 pm - Reply

    Great news for Linda, her bravery and this verdict gives us all hope. Very disappointing and more than surprised that there were no punitive damages awarded. Thank you Jane, Aaron and Cathy for all your hard work – very much appreciated.

  10. Donna Pringle April 3, 2014 at 8:22 pm - Reply

    So glad ‘the door’ has been opened! I have a friend suffering from this implant and the surgeries!! There is a problem with the way the courts see ‘reasonable’ time for patients to respond or they miss out on compensation! If people don’t know the mesh has penetrated their organs till their husbands feel it or it tries to get out some other pathway like the urethra then we need to change the rules!!!!!!

  11. Diane Fichter April 3, 2014 at 8:38 pm - Reply

    Thank you Jane for your tireless efforts in following these stories…I am thrilled J&J have been made accountable for using a “defective” device…I believe this case will set the precsident for future trials…no punitive damages is a slap in the face BUT the truth has prevailed and the jury found J&J guilty….that is sweet justice….

  12. Patty April 3, 2014 at 10:00 pm - Reply

    Great news. Thank you for all you do! Thank you!!!

  13. jade April 3, 2014 at 10:28 pm - Reply

    “Defective product” verdict is what we need to hear. This will be the most damaging to the Defense in future cases!

    • pam April 4, 2014 at 12:16 am - Reply

      amen!

  14. Ana Brown April 4, 2014 at 1:15 am - Reply

    Great News !!!! Thanks Jane, Aaron and Cathy for being there so we could know first hand what was happening in court. Congratulations to Linda.

  15. cheryl April 4, 2014 at 2:06 am - Reply

    I have been following the news every day and just wanted to Sincerely THANK Aaron and All the other Angels that are keeping us informed!! I am wondering if anyone has noticed that a lot of articles in regards to Boston Scientific can no longer be found on the web?? Any clue as to why?? David versus Goliath—it is happening!!!

  16. Liz April 4, 2014 at 2:16 am - Reply

    Fantastic outcome. Many congratulations Linda – the moral victory is worth winning (although damage payment would make a huge difference to your life). Thank you to Jane, Aaron and the team for endless coverage and incredible reporting.

  17. Carla Sais-van de Perre April 4, 2014 at 6:01 am - Reply

    Hallelujah !!! 🙂

  18. top_bard April 4, 2014 at 6:15 am - Reply

    The runaway truth train is on the track and justice will always prevail.

    Thanks to all involved on this journey.

  19. Billy Nomatez April 4, 2014 at 7:08 am - Reply

    Aaron & Jane

    Many thanks for your updates and reports, this is good news and brings comfort and hope to mesh injured women and their families, not just in the USA but around the world. Bravo!

  20. sandy April 4, 2014 at 10:31 am - Reply

    God is good!!! Thank goodness someone is listening and realizes what the big medical companies are trying to do to make money. I recently had to stop working due to severe pain. I have lost so much income it isn’t even funny. I sure pray that someone in these big medical companies is listening to what the juries are saying and just step up to the plate and pay us women what they should. I have AMS and they keep moving the trial date back. I am in so much pain I have tried every thing right up to having an interstim put in me which did not help but I had to try. I worry about never living out my dreams and just trying to deal with pain and not becoming homeless. Thanks to everyone who sit in the court rooms and keep us updated. I wish I could have a normal life back but people who i dealt with were not honest with me, so now i have to suffer. I am so glad for this woman, hopefully she will get what the jury said she should, every last penny of it. I just hope soon this will be over, at least the legal part of it. I don’t know if i will ever get paid back for what they did to me. I pray for all of us.

    • lorna farrell April 4, 2014 at 12:13 pm - Reply

      AMEN!! I echo your Prayers and know God is good and will prevail. WELL DONE for the bravery, determination and humility L.Batiste has shown – let’s Pray it opens a door for ALL of us WORLD WIDE to be heard, compensated & mesh to be BANNED!!!!!!!!!!!!!!

  21. jade April 4, 2014 at 10:42 am - Reply

    What terrible “crimes” these manufacturers and their representatives have committed! As Jane’s documentory trailer stated at the end – “They should all burn in Hell!”

  22. Barbara Dykes April 4, 2014 at 12:35 pm - Reply

    Congrats to Linda and her “team”. I can’t imagine how hard it was but I read everything

    and believed J&J was guilty….I hope you can live in peace and know that people care. No one

    should have to go through this nightmare . yet thousands of us are all over the world.God Bless!

  23. Tammy April 4, 2014 at 4:18 pm - Reply

    Thank you Jane, Aaaron and Cathy for keeping us informed. We would all be in the dark if you guys weren’t there for us. God bless you all and God be with Linda and her family. May the truth set us free. Praise God

  24. Rhonda April 5, 2014 at 5:50 pm - Reply

    Thank you to Aaron and Jane for your tireless effort on our behalf! Another huge victory against Ethicon and J&J.

  25. Richard M Howden(AMU) April 5, 2014 at 9:22 pm - Reply

    I am so very happy that there has been another breakthrough judgement. Now, can the fact that Polypropylene is used in many different meshs, different manufacturers and uses begin to remove the veil of what mesh is all about? Will the blame be the design? Or will the blame be the material that the mesh is made of? When the Kugel patches were recalled, the ring was what was doing the damage and not the mesh. Let’s hope that this time it will be the fact that the material that this particular mesh is made of, polypropylene, which inherently shrinks, twists, breaks apart and migrates, will be the determining factor. Because then, we do have a real and defining moment in the fight against ALL mesh products. Thanks, Jane for another great report. Just remember, I said Pulitzer first! Best Wishes to All……..

  26. ML April 6, 2014 at 5:57 pm - Reply

    Thank you so much for your coverage on this case. Please join campaigns to hold Johnson & Johnson and their executives accountable.

    http://www.killingmycareer.com/uncategorized/another-mesh-victory-against-johnson-johnson/

  27. Jane April 8, 2014 at 1:40 am - Reply

    Finally so great news! Thanks Aaron. God bless Linda.

  28. Barbara Dykes April 8, 2014 at 11:21 am - Reply

    if anyone still has doubt about what this mesh can do to a womans body, look at the pictures taken in 2001 !! So many years they let this butchering go on and ruined lives for the “Almighty dollar!

    http://truthinmedicine.us.com

    These pictures show mesh protruding from abdomen so if you have a weak stomach…beware.

  29. Cathy Baber April 15, 2014 at 11:32 pm - Reply

    Thank you for the u

    Date…SL hats next? Doesn’t AMS have a trail this month too????

  30. ML April 16, 2014 at 4:14 pm - Reply

    Today it was announced that Johnson & Johnson’s Q1 profits are up 8% despite all the lawsuits. Please join the campaigns to hold Johnson & Johnson accountable:

    http://www.killingmycareer.com/the-sociopathic-business-model/phew-johnson-johnsons-q1-profits-up-8-despite-billions-in-lawsuits/

  31. Dan Chapman April 23, 2014 at 10:07 am - Reply

    Well this is great news, we will be sharing.

  32. Sharon May 8, 2014 at 4:56 pm - Reply

    This is GREAT news. But when do the rest of us waiting get settlements? So we can start the journey of trying to get this out of us?

  33. max May 11, 2014 at 11:23 am - Reply

    Does anyone know when the Sheila Hidalgo case goes to trial against mesh manufacturer CL Medical?

  34. Anonymous October 24, 2015 at 4:40 pm - Reply

    It’s wonderful that she won. Sadly here in Ga if you win a product liability case the state gets to take 75% of your settlement/judgement. How freaking sad is that!

    • Jane Akre October 25, 2015 at 10:44 pm - Reply

      Its 3/4 of your punitive damages as happened to Ms. Cisson.

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