A Texas jury has returned a verdict in favor of the defendant in a lawsuit alleging that Johnson & Johnson’s subsidiary, Ethicon Inc., defectively designed the Gynecare Prosima Pelvic Floor Repair System.
Plaintiff Carol C. brought the vaginal mesh lawsuit alleging that the product, designed to treat pelvic organ prolapse, was defectively designed and caused her severe pain and discomfort.
Although there have been previous trials centering on different vaginal mesh products, this was the first involving the Gynecare Prosima. The Prosima was designed to treat pelvic organ prolapse, or POP.
The attorneys in the Prosima case were no strangers, having met previously in an April 2014 vaginal mesh lawsuit before the same Dallas district court judge. That lawsuit ended in a $1.2 million verdict against Ethicon and a finding that the transvaginal mesh device on trial was defectively designed.
This vaginal mesh lawsuit had a much different outcome. The Dallas County jury found that Carol did not prove her case that the Prosima device was defectively designed, nor did she prove that Ethicon failed to provide adequate warnings. The jury ultimately found for Ethicon.
Overview of Vaginal Mesh Allegations
Carol’s vaginal mesh lawsuit alleged that the product’s label did not contain any warnings or indications about the complications she suffered. She additionally alleged that her surgeon did not present any safer alternatives.
In pre-trial hearings, Dallas County District Judge Ken Molberg denied Ethicon’s motion for partial summary judgement, so Carol moved forward seeking a punitive award. Johnson & Johnson denied liability, stating that their mesh products have low rates of injury, and that the Prosima was one of their preferred POP options.
Carol is one of thousands of women bringing lawsuits against Johnson & Johnson and other vaginal mesh manufacturers. Approximately 70,000 vaginal mesh lawsuits are pending across the nation, with 30,000 pending against Johnson & Johnson’s Ethicon alone.
Carol’s Vaginal Mesh Lawsuit is Case No. DC-14-04220, in the 95th District Court of Dallas County, Texas.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The vaginal mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, vaginal mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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