Judge Ken Molberg, 95th Judicial District, TX

Judge Ken Molberg, 95th Judicial District, TX

The jury had question about 11 am Central time for Judge Ken Molberg in his Dallas court.   The jury had a question they relayed to Judge Ken Molberg in a jury note.

What is Proximate Cause?

The judge answered.

“On page 3 of the charge of the court you will find a definition of proximate cause. You are to disregard that definition and substitute it with this definition.

Proximate cause means a cause which was a substantial factor in bring about an injury and without such cause the injury would not have occurred.  In order to be a proximate cause, the act or omission complained of must be such that a medical device manufacturing company using ordinary care would have foreseen the injury or some similar injury might reasonably result there from.

There may be more than one proximate cause of an injury.

Ordinary care means that degree of care a medical device manufacturing company or ordinary prudence would use under same or similar circumstances.

If you have answered either question one or two you should redeliberate using the definition I have given you in the supplemental charge because it is a proper legal definition.  It is the only answer I can give you at this time.

Signed this fifth day of October 2015.  That is the answer to your question, you should disregard the previous definition of proximate cause please return to the jury room to resume deliberations.

Mesh News Desk will be watching the proceedings via Courtroom View Network which has provided a live feed from the courtroom during the entire two week trial. Thanks to CVN for the access!!    www.cvn.com

BACKGROUND

On Friday, attorneys for Carol Cavness, 60, asked Johnson & Johnson to award $9.5 million in actual damages, including a sizable punitive damage award to send a message to the company about its Prosima pelvic mesh, which has since been taken off the market.

Ms. Cavness, 60, alleges she was injured by the Prosima pelvic mesh used to treat prolapse. Experts brought to trial on her behalf says she is permanently injured and some of the polypropylene mesh remains behind in her body to cause future injuries. Plaintiff attorneys’ brought life can plan experts to trial to show the financial needs she will have in the future due to the injuries from the Prosima mesh, which is made by Ethicon, a division of Johnson & Johnson.  This is the first product liability trial for Prosima.

J&J is facing 30,000 other defective mesh product liability trials ahead.