Ten years ago Linda Gross had transvaginal mesh surgery to treat pelvic organ prolapse and stress urinary incontinence. Soon after the Prolift implant she experienced severe pain and multiple complications, including nerve damage so severe that she was unable to work (she was a nurse), have sex with her husband, or sit comfortably for more than 20 minutes at a time. Three surgeries were required to remove the mesh.
In November 2008 she and her husband filed a complaint against Johnson & Johnson (J&J), Ethicon, Inc., and Gynecare—the first case against the drug giant. (Gross v. Gynecare, Inc., ATL - L - 6966-10).
The case dragged on until February of 2013 when the jury found the following:
Prolift was not defectively designed;
Defendants did not provide adequate warnings to the implanting surgeon;
Defendants' failure to provide adequate warnings was a proximate cause of plaintiff's injuries;
Defendants did not make a fraudulent misrepresentation to plaintiff's implanting surgeon;
Defendants made a fraudulent misrepresentation to plaintiff; and
Defendants' fraudulent misrepresentation to plaintiff was a proximate cause of her injuries.
The jury awarded Ms. Gross $3.35 million in compensatory damages and $7.76 million in punitive damages. Justia.com reported that following the verdict, defendants moved for judgment notwithstanding the verdict (JNOV); the judge reserved decision. But it wasn’t over. J&J fought the decision up until now: Linda Gross finally gets justice.
As for Ethicon, how can a drug company be so unethical? Gross’s pain and suffering was undeniable. J&J faces thousands more similar lawsuits; hopefully 2017 will bring justice for those women.
READ MORE TRANSVAGINAL MESH LEGAL NEWS
Like J&J, Boston Scientific has lost its appeal in its Obtryx mesh trial to four different women. A jury in 2015 awarded the women $18.5 million, and the drug maker faces about 16,000 more lawsuits, according to US Recall News (December 16, 2016). Although Boston Scientific has deep pockets—it made $7.6 billion from transvaginal mesh sales—TVM lawsuits in 2017 will certainly make a dent in its profits.