Monday Morning- Jury Still Out in Cavness Pelvic Mesh Trial Against J&J

//Monday Morning- Jury Still Out in Cavness Pelvic Mesh Trial Against J&J

Monday Morning- Jury Still Out in Cavness Pelvic Mesh Trial Against J&J

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!!


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.




By | 2015-10-05T12:39:41+00:00 October 5th, 2015|News|26 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.


  1. K October 5, 2015 at 12:50 pm - Reply

    Praying!!!! I will be shocked if this isn’t in Ms. Cavness favor.

  2. Mesh Nightmare October 5, 2015 at 1:09 pm - Reply

    I’m carryng my iPad with me as I go about daily house routine and checking for updates. Thanks, Jane.

  3. annonynous October 5, 2015 at 1:20 pm - Reply

    Come on jury…you have to be in favor of the plaintiff.

  4. Mimiboops October 5, 2015 at 2:09 pm - Reply

    Open and shut case it would plaintiff’s favor. Why are they taking so long? Makes me nervous for Ms. Cavness. Praying for her.

  5. PLC October 5, 2015 at 2:18 pm - Reply

    I have major butterflies. Don’t know if this sounds good or bad. 🙁

  6. stopmeshimplants October 5, 2015 at 2:44 pm - Reply

    I believe she has suffered enough and the jury must find in her favor. We have all got to believe these trials are going to bring to light the devastation and harm these mesh products have done to all of our bodies. These jurors are intelligent people and will see the suffering brought on by these products. We just need to believe!

  7. Anonymous Anonymous October 5, 2015 at 2:59 pm - Reply

    Thanks Jane:

    Just praying that the Jury goes in favor for Ms Cavness and they hit J&J hard this has to stop to many are suffering in so many ways because of Mesh!

  8. kitty October 5, 2015 at 3:07 pm - Reply

    Jane thank u for report.

  9. Hal Lewis October 5, 2015 at 3:41 pm - Reply

    Very strange that somehow an incorrect jury instruction was given initially.

    THANK GOD the jurors returned with their question and gave the Judge a chance to correct the mistake and remove any grounds for appeal by J&J!

    • Jane Akre October 5, 2015 at 3:46 pm - Reply

      I understand jury is back. They wanted to read a statement with the verdict. Plaintiff said no. Defendant said yes…. huuummmm

    • Bejah Blue October 11, 2015 at 10:05 pm - Reply

      Was the jury instruction “error” really an honest mistake. I can not help but wonder now how far do the tentacles of Johnson & Johnson reach? I am reminded of a favorite line from a favorite film, in which one of the heroic kings says on the eve of battle with what seems a mortal enemy, “We are outnumbered, out armed and face certain death, but we will meet them in battle nonetheless”. I can not recall the exact quote, apologies but what I do remember is that it was inspiring and it filled my heart with hope for a people that represent what is best in humanity. We also face a powerful and an evil so great it is a struggle just to name it.

      Very important respectable studies have shown the power of prayer. We must all pray every day for this terrible foe to be taken down, to be dismembered, to be brought back into line with the values this nation was founded on, values that GOD by whatever name you know him taught you, values you know in your heart. We do need to take back our country and this is but one battlefield (but this is no tea party). Some think this is all just to dramatic. Those individuals should then just go turn on their televisions and enjoy and evening of “Dancing with the Stars” and “Locked up in Peoria” which will greatly please Johnson & Johnson and their infamous trial team.

      There is great discontent in this country now. My hope that all of the communities of the discontented come together, merging into a force that will have the force of will and the resources that our community does not for many legitimate and understandable reasons. We will then get the attention of these corporate criminals and the Federal government that has repeatedly failed to take action to address their illegal acts. I would remind the Federal government that just because you did not fire the gun, that does not mean you will not be held accountable. We are the people. We can forge a revolution and create a new America if we must. Johnson & Johnson does not take us seriously but a time is coming when they will.



  10. kitty October 5, 2015 at 4:15 pm - Reply


  11. Advocate October 5, 2015 at 4:23 pm - Reply


    Cavness lost. Jury went 10-2 for Ethicon. This is why JJ is willing to fight and has no intention of settling. Another reason trial can be no better than 50/50. Defense didn’t even bother to put up a defense, just left it to science that a jury may or may not “get”.

  12. Debbie Edwards October 5, 2015 at 4:24 pm - Reply

    The verdict is in, but I can’t find the findings! !!!!!! It came in 10 min. Ago?……….did anyone hear what happened?

  13. kitty October 5, 2015 at 4:34 pm - Reply

    Can she fight it like J n J?

  14. kitty October 5, 2015 at 4:36 pm - Reply

    I meant to say : can she appeal?”

    • Jane Akre October 5, 2015 at 5:15 pm - Reply

      yes she can I believe, first at the appellate division, then to the Texas supreme court.

  15. kitty October 5, 2015 at 4:42 pm - Reply

    Also….why did she sue Dr ? Bad strategy

  16. stopmeshimplants October 5, 2015 at 4:48 pm - Reply

    Oh my gosh. Is it true? That is unbelievable. If it’s true I can’t even begin to think what Ms. Cavness must be thinking. This is just shocking news.

  17. toni October 5, 2015 at 5:01 pm - Reply

    How could this jury find for ethicon did they hear the evidence? Cant see how this could be?

  18. PLC October 5, 2015 at 5:01 pm - Reply

    I can’t believe it. This is horrible What is ring with these jurors ?

  19. PLC October 5, 2015 at 5:22 pm - Reply

    These cases are going to go on for years and years, one at a time, appeal after appeal.

    J&J are just too powerful. How do we stop them? The judges were not even able to make them do as they say with settlements

    For one, J&J should have been charged with destroying documents. I’ll never understand why they were not.

    It’s been how many years and only so few cases gone to court or few settlements made ? It is so frustrating.

    There has to be something that can be done to stop the corruption going on here.

    I wonder if thousands of mesh victims standing outside one of the next court cases would get media attention.

    I also wonder if

    This instruction clarification almost seems it may have even been more confusing to the jurors.

    Thank you so much Jane for always providing us with all the information and updates. I don’t know what we would all do without you

    • Jane Akre October 5, 2015 at 5:31 pm - Reply

      Large corporations have teams of lawyers brought in specifically to write jury questions. Perhaps that happened here. If you cannot win with your argument…. just confuse. That is just speculation because I wasn’t there.

  20. Karla October 5, 2015 at 5:23 pm - Reply

    Horrible verdict. Do jurors not listen ??

  21. Such Sorrow October 5, 2015 at 8:43 pm - Reply

    My heart goes out to Ms Cavness. What a tragedy her life means nothing against a medical giant.

  22. Emmie October 6, 2015 at 12:03 am - Reply


    This verdict is so wrong. It makes me sick.

    My prayers and thoughts with you Carol.

    I am so discouraged, heartbroken, and upset.

    Please, please….this verdict needs to be appealed.

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