Though pharmaceutical giant Ethicon tried to avoid damage claims leveled against it in a recent pelvic mesh lawsuit, the federal judge found that the Johnson & Johnson subsidiary will have to face these pelvic mesh claims.

The pelvic mesh lawsuit was filed by plaintiff Charlotte S. and her family, alleging that Ethicon’s pelvic mesh device caused her serious injury.

Ethicon attempted to avoid the lawsuit’s punitive damages claims by arguing that New Jersey state law would offer it immunity from punitive damages since its home base is in the state.

However, according to Law360, Judge Ungaro ruled that this immunization state law would only apply for products that had received premarket approval or licensing from the U.S. Food and Drug Administration (FDA). The Ethicon pelvic mesh involved in the lawsuit had not received such premarket approval.

“We are pleased with Judge Ungaro’s ruling and firmly believe the facts in this case support a finding of punitive damages,” said an attorney for the plaintiff after the judge’s ruling was announced.

Back in September, Johnson & Johnson and Ethicon had made a bid to have all of Charlotte and her family’s claims dismissed, but Judge Ungaro denied the bid. The pelvic mesh claims initially included in the lawsuit included negligence, design defect, gross negligence, and loss of consortium. The judge tossed some of the plaintiff’s original pelvic mesh claims, including manufacturing defect and failure to warn.

Soon thereafter, Judge Ungaro dismissed Johnson & Johnson from the lawsuit entirely, keeping its subsidiary Ethicon alone as a defendant. The judge ruled that liability for the plaintiff’s alleged injuries fell strictly to Ethicon and that no evidence was found suggesting that any liability should be attributed to the parent company Johnson & Johnson.

Pelvic Mesh Side Effects

A number of pelvic mesh side effects have been reported in association with these devices, including:

• Urinary problems
• Multiple occurrences of pelvic organ prolapse
• Vaginal scarring
• Perforated bladder, bowel, or blood vessels
• Mesh erosion into the vagina
• Infection
• Organ injuries
• More

Filing Pelvic Mesh Claims

A growing number of patients are turning to litigation over pelvic mesh complications, alleging serious injuries.

If you or someone you love has suffered from side effects of a transvaginal mesh device, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by such side effects, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect—especially in the wake of medical complications—so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Pelvic Mesh Lawsuit is Case No. 1:18-cv-23643, in the U.S. District Court for the Southern District of Florida.