Ethicon Inc. requested a retrial after a recent $3.27 million jury verdict against the company over a bellwether vaginal mesh implant lawsuit.

However, the West Virginia judge refused to throw out the verdict, stating that the evidence presented at the trial was sufficient, giving no reason to need a retrial.

Jo H. originally sued Ethicon in 2012. She claimed in her vaginal mesh lawsuit was that the polypropylene mesh in her implanted TVT-O vaginal mesh implant eroded. The erosion caused severe and ever present pain.

The mesh could not be entirely removed through surgery, so the pain was ongoing. Jo’s husband, Allen, sued as well for loss of consortium.

The Huskey vaginal mesh lawsuit became the first bellwether case in the vaginal mesh implant multidistrict litigation against Ethicon. The trial concluded on September 5, 2015.

Ethicon is a unit of pharmaceutical and medical device giant Johnson & Johnson. The judge, U.S. District Judge Joseph R. Goodwin, found that the plaintiffs involved in the bellwether trial had brought forth sufficient evidence that Ethicon failed to warn Jo’s doctor of the risks of the company’s TVT-O polypropylene vaginal mesh implant product. Judge Goodwin found even stronger evidence during the trial that there were defects in the vaginal mesh implant product design.

Judge Goodwin said in a statement that the evidence presented for the defect design claim is “particularly strong” and “capable of upholding the verdict on its own.”

The judge found that a reasonable jury could find that the risks of using the TVT-O vaginal mesh implant outweighed the product’s benefits. A product whose risks outweigh the benefits is much more likely to be considered to have a design defect in court.

Despite Ethicon’s attempt at getting a retrial, the judge said that the company failed to show “exceptional circumstances” or “grievous error” in the original trial that warranted granting a retrial.

Although Judge Goodwin refused Ethicon’s request for a retrial, Ethicon’s director of communications has said that the company plans to appeal the jury verdict. According to Ethicon, the TVT-O vaginal mesh implant was properly designed, and Ethicon cannot be found at fault for the product.

What is a Vaginal Mesh Implant?

A vaginal mesh implant is used for treating stress urinary incontinence (SUI) and pelvic organ prolapse (POP) in women, which can follow hysterectomy, menopause, or childbirth.

Unfortunately, the product has reportedly contributed to serious complications, such as mesh erosion and organ perforation. Hundreds of thousands of women have already had mesh implanted, and may be at risk.

Doctors typically choose transvaginal placement of these implants rather than abdominal because it is considered to be a less invasive surgical procedure.

If you or someone you know has had Ethicon’s TVT-O vaginal mesh implant, or another kind of vaginal mesh implant, and has suffered from side effects from a defective device, you may be able to file a lawsuit.

The Ethicon Vaginal Mesh Implant Lawsuit is Huskey v. Ethicon, Inc., et al., Case No. 2:12-cv-05201, in the U.S. District Court for the Southern District of West Virginia.