Philadelphia Court of Common Pleas

Mesh Medical Device News Desk, June 10, 2017 ~ The fifth trial over its family of polypropylene pelvic mesh finally secures healthcare giant Johnson & Johnson a win in this Philadelphia court. 

After four straight losses in a Philadelphia court to plaintiffs injured by pelvic mesh, a jury agreed with Johnson & Johnson Friday that its pelvic mesh product did not cause the plaintiff a lifetime of pain.

However, the 12-member jury agreed J&J was liable for the defective design of its TVT-Secur.

TVT Secur, Megamed Service

Kimberly Adkins of Ohio was implanted with TVT-Secur  (TVT-S) to treat her incontinence in July 2010.

In her complaint, Kimberly L. Adkins V. Ethicion, Inc., et al ( Case ID: 130700919) lists mesh erosion, painful sex (dyspaeurania), bleeding, catastrophic, severe, permanent injuries, chronic pain, disability, impairment, loss of enjoyment of life, and economic damages.  See the Complaint here. Adkins v Ethicon 

After a 12-day trial, jurors agreed that J&J subsidiary Ethicon Inc. had both defectively designed its TVT Secur pelvic mesh and failed to provide adequate warnings about its risks.

The jury did not find the TVT-Secur caused Adkins’ injuries, known as causation.

Aylstock,Witkin, Kreis, & Overholtz

“Despite our disappointment on the issue of causation, we are grateful that the jury found that that the TVT-Secur product was both defective in design and warnings,” says Bryal Aylstock in an e-mail to Mesh News Desk. 

The jurors found the product defective in design and in warning under Ohio law. Ms Adkins is a resident of Ohio so that state’s law apply.

Since the company had stipulated to the mesh causing at least some of her injuries, lead counsel, Bryan Aylstock says he will be moving for a new trial.

In April, a jury in the same court awarded plaintiff Engleman $20 million over injuries caused by her TVT-Secur. That jury decision included $17.5 million in punitive damages against Johnson & Johnson.

See the MND story here.

There are 182 pending pelvic mesh cases filed in the Philadelphia Court of Common Please, most naming defendant Johnson & Johnson/ Ethicon.   ###