Woman Wins Landmark Implant Suit | Chicago Medical Device Lawyer

 Posted on March 15, 2013 in Defective Medical Devices

At the end of February, Johnson & Johnson subsidiary Ethicon lost a landmark case in New Jersey, resulting in a $3.35 million payout to a South Dakota woman, according to Bloomberg News. Linda Gross, 47, sued Johnson & Johnson for failing to warn her of “the risks tied to its Gynecare Prolift vaginal mesh implant,” and for fraudulently misleading her. After constant pain and 18 operations sustained because of the implantation, Gross and her husband filed the lawsuit. The Atlantic City jury found that Johnson & Johnson “failed to tell physicians and women the truth about the catastrophic complications that can result from the Prolift,” not that the company defectively designed the mesh.

Gross was the first to file a lawsuit, one of 2,100 to be filed over the vaginal mesh implant. The company, according to Bloomberg, “will now weigh punitive damages that may total as much as $16.75 million.” Gross was awarded $1.1 million for pain and suffering, $180,000 for lost wages, $500,000 for future lost wages, $385,000 for past medical treatment, $1 million for future medical treatment, and $180,000 for her husband's loss of companionship and conjugal affections.

The transvaginal mesh implant was developed to repair hernias in the 1950s, but, according to transvaginalmeshdefinition.com, “has since evolved into a widespread form of treatment for gynecological problems.” It's a sling-shaped mesh that holds organs in place in the pelvic region. According to Bloomberg, the U.S. Food and Drug Administration told 33 manufacturers of vaginal mesh implants to “study rates of organ damage and complications” linked to the implants. In 2010, 70,000 women received the implant. Johnson & Johnson, according to Bloomberg, said last June that it was planning to end sales of the implant, “because the products lacked commercial viability, not because of their safety and effectiveness.”

If you or someone you know has been affected by a defective vaginal mesh implant, you may be eligible for compensation. Don't go through it alone. Contact a dedicated Chicago-area defective medical device attorney today.

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