A jury verdict in favor of Johnson & Johnson in a recent pelvic mesh lawsuit has been overturned by a Pennsylvania state court judge.

Plaintiff Kimberly A. successfully argued that a Pennsylvania jury had been inconsistent in their ruling on her pelvic mesh lawsuit case.

This comes after Johnson & Johnson failed to win four other pelvic mesh lawsuits. Kimberly’s pelvic mesh lawsuit was the fifth case to be heard and Johnson & Johnson’s first win.

The Philadelphia Court of Common Pleas Judge Michael Erdos overturned a jury ruling in this most recent pelvic mesh lawsuit, agreeing with Kimberly that the jury had been inconsistent.

The jury in this pelvic mesh lawsuit had ruled that the pelvic mesh device was defectively designed by Johnson & Johnson’s Ethicon division. But it also ruled that this device was not behind Kimberly’s injuries. These injuries, according to Law360, were acknowledged by both sides.

One of Kimberly’s attorneys told Law360, “We are grateful that the court recognized this inconsistency and ordered a new trial on damages so that justice could be served and an appropriate amount [of] damages awarded to [the plaintiff] for her injuries and for JNJ’s malicious conduct in putting these defective mesh products on the market.”

When this pelvic mesh lawsuit was originally tried in June of this year, the jury found that Ethicon’s TVT Secur Pelvic Mesh had design defects. When Kimberly was implanted with Ethicon’s mesh product in 2010 because of urinary stress incontinence, Johnson & Johnson, allegedly, failed to warn her about the risks associated with the product.

She began to suffer erosion into her vagina, intense pain, and bleeding during sex. She was forced to undergo implant removal surgery in 2012.

When her pelvic mesh lawsuit went to trial, although the jury claimed that the device was defective, they did not agree that Kimberly’s injuries were as a result of the defective device.

Three different doctors testified during this pelvic mesh lawsuit trial that her injuries were as a result of the Ethicon’s TVT Secur Pelvic Mesh device.

The judge did not fully reverse the jury’s ruling, as the plaintiff asked. Kimberly also argued against the jury’s finding that her doctor had been adequately warned by Johnson & Johnson. She also made note that one of the jurors worked for GlaxoSmithKline and worked with mesh products like these in her line of work.

The judge, instead, ordered a new trial because he recognized the inconsistency in the jury’s findings.

Filing a Pelvic Mesh Lawsuit

Ethicon and Johnson & Johnson face a large amount of vaginal mesh and pelvic mesh lawsuits, as do other manufacturers of similar medical device products. Usually a pelvic mesh lawsuit that is filed against the manufacturer notes that the device caused pain, internal organ damage, infection, mesh erosion, device failure, debilitating pain, and organ prolapse.

If you or someone you love has suffered damages as a result of pelvic mesh, you may be eligible to file a pelvic mesh lawsuit.

This Pelvic Mesh Lawsuit is Case No. 130700919, in the Court of Common Pleas of Philadelphia County, Pennsylvania.