Out-of-state residents can pursue mesh lawsuit settlements in Pennsylvania, according to a recent state Supreme Court decision.

Ethicon, the maker of transvaginal mesh that allegedly caused infection and damages to an Indiana resident, sought to escape claims in the state of Pennsylvania, reportedly arguing that it did not have sufficient business ties to the state. Law 360 reports that the company faces $47 million in awards to non-Pennsylvania residents who say their Ethicon mesh caused injuries.

Ethicon, a subsidiary of Johnson & Johnson, is based in New Jersey, however, Pennsylvania’s Supreme Court ruled that because the mesh is manufactured in Pennsylvania, the case could stay.

“We do not find it undue for the Philadelphia County Court of Common Pleas to exercise specific personal jurisdiction over Ethicon,” state’s the opinion “We conclude that the suit, specifically Hammons’ claims that she suffered injury resulting from the transvaginal mesh device, arises out of and indisputably relates to the mesh that was manufactured in [Pennsylvania] under the careful supervision of Ethicon.”

Hammon is the Indiana plaintiff who was reportedly awarded $12.85 million in damages in a lawsuit heard in Pennsylvania. She claimed that Ethicon’s Prolift mesh, a polypropylene implant, perforated her bladder, resulting in multiple revision surgeries.

“We are heartened by the Pennsylvania Supreme Court’s 6-1 decision affirming that Johnson & Johnson’s relevant activities in Pennsylvania were sufficient to accord jurisdiction to the Pennsylvania courts,” lawyers representing the plaintiff reportedly said in a statement issued after the ruling. “Since the defective mesh that brutally injured Patricia Hammons was made in Pennsylvania, this was never a close call. We do, however, expect J&J to seek relief in the U.S. Supreme Court. We expect to win there too.”

Mesh Lawsuit Settlements Total in Millions

According to Law 360, Ethicon is hoping to have mesh lawsuit settlements by non-residents of Pennsylvania trimmed from the millions it owes to plaintiffs as a part of litigation in the state.

“Ethicon disagrees that there are adequate ties to support this and other out-of-state cases being tried in Pennsylvania,” a representative said of the Pennsylvania Supreme Court’s decision.

In addition to mesh lawsuit settlements in Pennsylvania, the companies face a multistate settlement that will reportedly total $116.9 million. The settlement will be divvied between 41 states and the District of Columbia. In addition, Ethicon has been ordered to disclose the risks of revision surgeries associated with the mesh, along with other potential problems.

The companies owe other multimillion-dollar verdicts in Pennsylvania, according to The Philadelphia Inquirer, including $80 million to a woman who claims that her mesh product eroded after it was implanted in 2008, leading to infection and severe pain. In addition, the companies reportedly face additional $41 million, $57.1 million, $2.1 million, a $20 million, and $13.5 million awards in other mesh cases.

Reportedly, Ethicon and Johnson and Johnson face legal action internationally, as well, with cases in the U.K., Canada, Australia, Israel, and Belgium pending.

Ethicon Mesh Allegedly Misrepresented

Ethicon, and its parent company Johnson and Johnson, were hit with legal action across the nation over allegations they failed to disclose adverse side effects of their vaginal mesh products. Fierce Biotech reports that the allegations resulted in the multistate investigation.

Reportedly, Ethicon’s transvaginal mesh can fray and erode after being implanted, leading to severe side effects. The mesh was used to treat problems in women’s pelvic organs, including prolapses and stress urinary incontinence.

This Vaginal Mesh Lawsuit is Patricia Hammons v. Ethicon Inc. et al., Case No. 7 EAP 2019, in the Pennsylvania Supreme Court.