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While a jury in Atlantic City, New Jersey, had already awarded a victim of the Prolift bladder sling implant $3.35 million to compensate for the damage caused by the device, that was not the only award possible. The other shoe fell on the J&J division Ethicon when the 12 jurors added another $7.8 million in punitive damages to her settlement.
Linda Gross has suffered through 18 revision surgeries as a result of the vaginal mesh implant, none of which have fully corrected the original problem or her battle with stress urinary incontinence. The jurors decided that Gross, who was a hospice nurse before the side effects permanently changed her life, was not adequately informed of the risks involved with the synthetic material used in the bladder sling implant.
Johnson & Johnson spokespeople have said that they will appeal the decision, which is standard practice in cases like these. They also argue that their warnings to surgeons and patients about potential vaginal mesh side effects were adequate and accurate. However, as the jury in Atlantic City as well as one in California have decided, that may not be the case for the dozens of manufacturers who sold devices linked to transvaginal mesh implant side effects.
The award to Linda Gross may represent the upper end of the spectrum of possible vaginal mesh injury settlements, given the high number of revision surgeries. Still, Johnson & Johnson would see a net penalty of just under $2 billion if every plaintiff was successful — a number only approached by Bayer Pharmaceuticals with its oral contraceptives, according to some estimates.
The company may face problems in terms of fighting other victims of its bladder sling implant injuries based on testimony provided during this bellwether trial. Medical experts employed by the company took the stand and admitted that they knew there were serious risks involved with the implants, and still signed off on their introduction into the market. Other device makers accused of minimizing the publicity of transvaginal mesh implant side effects could see the same damning testimony entered into the public record.
These successes should provide some hope to women who have dealt with these painful conditions. If you or someone you know is considering pursuing a claim, get a free consultation with a bladder sling implant lawsuit lawyer at the Vaginal Mesh Sling Class Action Lawsuit Investigation today to see whether or not you are eligible.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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