Ethicon and Its Transvaginal Mesh Legal Troubles

Transvaginal mesh is a form of surgical mesh used to repair certain types of pelvic floor disorders such as the dropping or prolapse of the uterus and bladder. These conditions are quite common and are often due to obesity, age, and childbirth. Sometimes referred to as a bladder sling, a transvaginal mesh is designed to mitigate pelvic floor disorders that often carry symptoms such as pain, discomfort, and urinary incontinence.

Thousands of women in the United States have joined lawsuits against the manufacturers of transvaginal mesh. In a recent case, New Jersey ordered Johnson & Johnson, the parent company of Ethicon, the transvaginal mesh manufacture, to pay significant damages to a woman suffering chronic pain from the implanted device. She was awarded $5 million for pain and loss of consortium and $10 million in punitive damages.

The case comes on the heels of an investigation that revealed Johnson & Johnson was aware of the risks posed by transvaginal mesh and did not provide warnings to physicians. In the New Jersey case referenced above, the attorneys for the woman presented evidence that Ethicon’s researchers knew of the risks associated with surgical mesh, but told doctors the risks were small.

Reported complications from transvaginal mesh

The Federal Drug Administration (FDA) describes various reported complications from using TVM. These include:

• Organ perforation
• Mesh erosion into the vaginal tissue
• Pain
• Painful intercourse
• Infection
• Urinary and fecal incontinence

Many times women have required surgery to remove the mesh. This has sometimes involved multiple attempted procedures without successfully removing all of the material.

Thousands of women experiencing the above-mentioned issues from the placement of transvaginal mesh or bladder slings have legal recourse. They can hold manufacturers of these devices liable and obtain rightful compensation for their pain and suffering.

Ethicon’s effort to reduce the mass tort

Ethicon recently lost its bid to reduce transvaginal mesh mass tort it is facing in Philadelphia. The company intends to appeal its case to the Pennsylvania Superior Court.

Ethicon’s recently filed motion solicited Philadelphia Court of Common Pleas Judge Arnold New to change his order of early December. That order denied Ethicon’s request to toss out over 100 cases from the mass tort. At that time, the Judge only eliminated one of the 120 cases in the mass tort program.

Mass torts and class-action lawsuits are similar, yet different. Class-action lawsuits consist of a single suit filed on behalf of a group of plaintiffs with the same or similar situation and grievance. Plaintiffs joining a class-action suit give away their right to file an individual lawsuit over the matter.

Mass torts consist of multiple cases from numerous plaintiffs all combined into one trial, yet with each case treated on an individual basis.

If you or a loved one is suffering from the effects of transvaginal mesh or bladder sling, including pain, incontinence, or other complications, you may have a legitimate claim for compensation. Our skilled attorneys at McGowan, Hood, Felder & Phillips, LLC have extensive experience obtaining compensation for our clients who have been damaged by faulty medical devices. We can help you get the compensation you deserve. To set up a free case evaluation, call us at 803-327-7800 or send us an email through our contact form.