The Philadelphia judge presiding over a transvaginal mesh lawsuit that resulted in a $13.7 million judgment affirmed the award on appeal.
Free Confidential Lawsuit Evaluation: If you or a loved one suffered transvaginal mesh complications, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
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January 11, 2017 – In an opinion issued last week in response to Ethicon’s appeal of the transvaginal mesh judgement, Philadelphia Court of Common Pleas Judge Kenneth J. Powell Jr. wrote that the Superior Court of Pennsylvania should allow the award to stand.
The lawsuit was filed by Plaintiff Sharon Carlino, who alleged Ethicon’s mid-urethral sling failed because it was negligently designed, and that its failure caused her to suffer permanent pain during sex (dyspareunia).
Carlino received the Ethicon vaginal mesh in 2005 to combat urinary incontinence; however, she claimed the device was defective for the following reasons:
- Its pores were too small;
- It had a tendency to degrade;
- It was overly friable because it was cut by a machine and not a laser, and
- the mesh can erode through the patient’s tissue.
After a 2 week trial last February, the Philadelphia jury awarded Carlino $3.25 million in compensatory damages, $250,000 to her husband for loss of consortium, and $10 million in punitive damages. Delay damages of approximately $240,000 were subsequently added to the award.
Ethicon asked the court to either enter judgment notwithstanding the verdict, grant a new trial, or reduce the award. In doing so, the company raised several arguments as to why the verdict should be reversed, including statute of limitations (SOL), inadequate jury instructions, and evidentiary disputes.
Powell disagreed with Ethicon’s argument that the punitive damages should be reversed because there was no evidence Plaintiff’s injuries were caused by “actual malice” or “wanton and willful disregard” for the potential harm to a patient.
“The evidence of defendant-appellant’s wanton and willful disregard for plaintiff adequately supported the jury’s award of punitive damages,” Powell said. “The jury was free to determine that Ethicon provided warnings so deliberately misleading as to warrant the imposition of punitive damages.”
Do I Have a Transvaginal Mesh Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in transvaginal mesh lawsuits. We are handling individual litigation nationwide and currently accepting new mesh erosion cases in all 50 states.
Free Case Evaluation: Again, if you had problems after transvaginal mesh placement, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.