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Free & Goss Attorneys

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To date, two cases regarding mesh used for POP have been tried thus far, and both were won by plaintiffs. The second trial ended on Feb. 25 when a NJ jury delivered a $3.35 million judgement, as well as $7.76M in punitive damages,  against Johnson & Johnson for a 47-year-old South Dakota woman who suffered more than a dozen revision surgeries after being implanted with J & J Prolift mesh for POP in 2006. It’s good news, generally, for most TVM cases, that she won her verdict; but we must keep things in perspective.

Please understand that this verdict will most likely be aggressively appealed by defense, as most such verdicts are, which often leads to a substantial reduction in any final award. Large Jury awards are, unfortunately, more often than not, reduced in such cases by appellate judiciary, or else by negotiated settlements which plaintiffs often feel compelled to accept in order to avoid risking the total overturning of the original verdict by appellate courts.

In addition, the South Dakota woman suffered more than a dozen revision surgeries following her initial mesh implantation; so her case must be viewed on its own merits, as all such cases will be (hopefully). This NJ case also involved transvaginal mesh for pelvic organ prolapse (POP), as opposed to the sling for stress urinary incontinence (SUI), which, for several reasons, presents more difficulties for plaintiffs.

The difference between Mesh (POP) and Sling (SUI)

We continue to be hopeful about both our cases involving transvaginal mesh used for POP repair and our sling cases used for SUI repair. But please understand that while the FDA in Sept. 2011 questioned the risk-benefit analysis of mesh vs. traditional (Burch method) repair for POP and called for further studies, the agency also seemed to condone the continued use of mesh slings for Stress Urinary Incontinence (SUI). At this moment, those differing FDA views would appear to make those cases for plaintiffs with POP surgeries stronger than those for plaintiffs who were implanted with slings for SUI surgeries.

Long War

Drug and device litigation is virtually always a long war. As hopeful as this latest verdict appears – and we are hopeful right along with you – we would be wise to view it as one skirmish won in this long war as we continue to fight for you on the merits of your individual case. Please be patient as we move forward. As always, please keep us informed of any subsequent surgeries or other developments in your condition, and please keep us updated with any changes in your contact information