J&J Ethicon Vaginal Mesh Trial Could Increase Settlements with Other Manufacturers
By Andrea Gressman
So far, many experts say it is not looking good for the vaginal mesh implant manufacturer and could ultimately lead to a very large jury award. It has led many to wonder if this will encourage J&J as well as other vaginal mesh implant manufacturers to reach a settlement agreement with the other vaginal mesh lawsuits currently pending in order to avoid this same scenario in the future.
The vaginal mesh lawsuit in process is that of Linda Gross v. Ethicon, et al. The trial has completed the opening arguments and is now focusing on Ethicon’s liability in the situation. The vaginal mesh lawsuit lawyers are also trying to establish what the company did or did not know regarding the safety and side effects of the vaginal mesh implant.
Ms. Gross had received Ethicon’s GyneCare Prolift System, which led to severe side effects and caused the victim to have to undergo 18 different surgeries to attempt to correct the problems the implant caused. However, it will be the testimony of the plaintiff that she still lives with a great deal of pain to this day.
As the first trial in a long line of 1,900 vaginal mesh lawsuits, it will be a good indication of how the other trials may likely go. The concern for J&J should be a similar vaginal mesh lawsuit that was held in Bakersfield, CA where the jury awarded the husband and wife $5.5 million against the vaginal mesh implant manufacturer C.R. Bard. If this vaginal mesh implant lawsuit ends up with a substantial award it could lead to a very high standard when it comes to the rest of the lawsuits pending in vaginal mesh MDLs across the country. This could lead to J&J as well as other vaginal mesh implant manufacturers to settle cases before they go to trial.
A vaginal mesh lawsuit expert familiar with the litigation recently said, “The New Jersey case could set the bar very high, as everyone is looking for confirmation of the value of these cases after the first verdict in California. It looks as if the plaintiff’s attorneys are trying to not only prove that the mesh was defective, but that Ethicon knew of the dangers – which could lead to a multiple million dollar award if successful.”
The expert went on to say, “Obviously, if each manufacturer starts to see these large awards, they will be interested in trying to settle the cases up as quickly as possible and at reasonable mesh settlement value.”
It has been estimated that with the high number of vaginal mesh lawsuits out there that this mass tort litigation could go beyond the Vioxx lawsuits into the $5 billion range. In a recent Bloomberg Report it stated that there were around 70,000 vaginal mesh implant surgeries completed every year, which leaves a great number of people out there who could potentially file lawsuits over defective implants and subsequent injuries.
There are a number of vaginal mesh implant side effects that have been reported in these lawsuits. Some of these side effects included the following:
- Bladder infections
- Mesh erosion into the vagina
- Organ injuries
- Pain during sex
- Pelvic organ prolapse
- Perforations within the bladder, bowel and blood vessels
- Urinary problems
- Vaginal scarring
- Vaginal infections
If you experienced any of these side effects or others that are not on this list and believe that your vaginal mesh implant is to blame you could be eligible to file your own vaginal mesh lawsuit. Visit the Transvaginal Mesh, Vaginal Sling, Vaginal Mesh and Bladder Sling Class Action Lawsuit Investigation right away and receive your free legal review from an experienced vaginal mesh lawsuit attorney.
Updated January 21st, 2013
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