A Georgia federal judge cut a $4 million verdict in a defective vaginal mesh lawsuit against Johnson & Johnson‘s Mentor business unit in half, applying a statutory $2 million damages cap.

Chief U.S. District Judge Clay Land rejected a bid to overturn the vaginal mesh lawsuit verdict, but reduced the damages by $2 million.

Judge Land also upheld a compensatory damages verdict of $400,000, lifting the total amount awarded to $2.4 million.

The case relates to a vaginal mesh lawsuit, filed by Florida resident Tessa T. in 2012, which claimed that she had been implanted with J&J’s ObTape Sling to treat her incontinence in 2004.

The vaginal mesh was defective, Tessa alleged, and resulted in serious pain and recurring infections.

A jury sided with the plaintiff in the case, and set out $4 million in damages for Tessa.

In a post-trial motion, J&J’s Mentor claimed it was entitled to a new trial or decision, alleging that the jury ruled against the weight of the evidence and that evidentiary errors and violations interfered with their decision.

The judge disagreed, and outside of the $2 million damages cap, upheld the jury’s verdict.

“The law has long recognized that only the jury can do this factfinding and that mischief can be  created when judges are lulled into believing that due to their superior training and experience , they can actually second-guess that uniquely juror task of factfinging,” the judge wrote. “Thus, we learn early in laws school that these jury verdicts are entitled to great deference. But it is tempting to forget what we learned long ago and to inject ourselves into the factfinding inquiry, particularly when we may disagree with the facts found.”

What is Vaginal Mesh?

Vaginal mesh, also known as transvaginal mesh or bladder sling, is a medical device that is surgically implanted to treat Pelvic Organ Prolapse (POP) and/or Stress Urinary Incontinence (SUI).

SUI typically occurs in women after childbirth due to muscle weakness in the pelvic area, causing urine to leak from the body during such normal activities such as coughing, laughing and exercising.

POP typically occurs in older women whose muscle and tissue groups in the uterus, bladder and pelvic region have become stretched and weakened. Women also have an increased risk of developing POP with menopause or a hysterectomy.

Vaginal mesh surgery is supposed to strengthen the internal organs and prevent them from coming into contact with each other.

Filing a Vaginal Mesh Lawsuit

Thousands of women have suffered from chronic mesh pain, mesh erosion, infection, organ perforation, and other serious vaginal mesh side effects.

Many women, like Tessa, who experienced one or more of these vaginal mesh complications, have had to undergo multiple revision surgeries to attempt to manage symptoms and have opted to file a vaginal mesh lawsuit against the device manufacturers.

If you were injured by a vaginal mesh or bladder sling device, you may still have time to file a vaginal mesh lawsuit and receive compensation for your injuries.

An experienced dangerous medical device attorney can provide you with a free, no-obligation consultation and help you decide if filing a vaginal mesh lawsuit is right for you.

Tessa’s Vaginal Mesh Lawsuit is Case No. 4-12-cv-00176,  in the U.S. District Court for the Middle District of Georgia.