Ethicon Pelvic Mesh Lawsuit Update
Updated March 2, 2017
An Ethicon Physiomesh lawsuit has been set for trial in 2018. The complaint states that the Plaintiff had the Physiomesh implanted in 2013 to repair an abdominal wall hernia. However, two years later, he was back in hospital suffering from severe abdominal pain, fever, chills and redness on his abdomen. It was determined that the Physiomesh had caused infection causing the Plaintiff to suffer severe damage to his abdomen and intestines.
In his lawsuit, Ethicon (a Johnson & Johnson subsidiary) is accused of negligence, strict liability as well as alleging that Ethicon designed an “unreasonably dangerous and defective product” and breached their warranty.
TheLawFirm.com is currently not only actively investigating Physiomesh, but also several other hernia mesh products including Atrium Medical’s C-Qur Hernia Mesh.
In a study published in February 2017, titled “Recurrence and Mesh-Related Complications After Incisional Hernia Repair”, the researchers concluded that patients with hernia mesh have a lower rate of hernia recurrence, but complications can occur up to five years after surgery. And patients with mesh suffered more complications, often requiring major and additional surgeries.
Doctors perform about 800,000 hernia repairs in the U.S, and surgeons typically use mesh up as the highest standard of care. TheLawFirm.com hopes that this study may lead doctors to question the current practice of abdominal mesh to repair hernias.
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Updated February 20, 2017
Early February has been busy around the world for opponents of transvaginal mesh as evidence continues to mount that the use of the mesh from companies like Ethicon (a Johnson & Johnson subsidiary) was simply the wrong choice for women in the first part of the 21st Century.
Already in February, the 4th Circuit Appeals Court in Virginia upheld an earlier ruling against Ethicon in which a jury award $3.07 million to a woman who suffered permanent injury and chronic pelvic pain after Ethicon’s tranvaginal mesh device TVT-O was implanted. Her husband’s $200,000 award for loss of consortium was also upheld. The Court found Ethicon’s use of heavyweight polypropylene mesh in the TVT-O caused plaintiffs’ injuries. This is on the heels of a Pennsylvania judge upholding the $13 million judgment against Ethicon in January.
Data, both anecdotal and scientific continues to pour in from all over the globe showing that Ethicon’s TVT-O (sometimes referred to as TVT or TOT) has caused complication in many patients according to the results in a recently published study in the medical journal The Lancet.
While the study did not use the Ethicon name directly, it did state that the use of transvaginal mesh did not improve outcomes of effectiveness, quality of life, or adverse events, and more than 1 in 10 women had complications. Of the 434 women who were exposed to synthetic mesh, 12% developed a complication over two years.
“Our study showed that more than 30% of women who have prolapse surgery have a residual feeling of something coming down and more than 80% have at least one residual prolapse symptom, highlighting the poor short term outcomes of transvaginal anterior or posterior prolapse surgery with or without reinforcement,” the study authors noted. “New research should be aimed at finding and testing methods that will improve those outcomes.”
Over in Australia, their National Senate decided in mid-February to investigate how mesh devices that have left some women with catastrophic injuries were approved for sale in Australia.
The Senate voted for the inquiry on Wednesday after Senator Derryn Hinch compared the registration, in 2005, of transvaginal mesh devices for women experiencing prolapse.
Ethicon’s lawyers argue in these cases that the statute of limitations has expired but that defense seems to be falling on deaf ears with judges who now have more proof than ever before that transvaginal mesh was simply not safe. Symptoms can include: pain during sexual intercourse, recurrent urinary infection, erosion of the mesh into the vagina, bowel and bladder tearing and recurrence of prolapse.
As a result of nearly 100,000 lawsuits filed regarding transvaginal mesh implants, the FDA reclassified the devices as high-risk medical devices in 2016 and changed its pre-market approval process.
If you’d like to learn more, TheLawFirm.com offers a free legal consultation and case evaluation to patients who believe they may be affected by the TVT-O transvaginal mesh implant device. The consultation costs nothing and is 100% confidential.
TheLawFirm.com represents many women with claims against Johnson & Johnson with an Ethicon pelvic mesh product. We were pleased to see that on December 6, 2016, the New Jersey Supreme Court has refused to interfere with an $11 million jury award against Ethicon Inc.
The Court denied Ethicon and J&J's petition for review of an Appellate Division’s affirmation of a verdict that found jurors heard sufficient evidence showing the Plaintiff’s doctor might have offered different guidance had he possessed more information about the risks of Ethicon.
TheLawFirm.com believes this ruling strengthens every case in this litigation. It is hoped that Johnson & Johnson begins to negotiate in good faith to resolve the thousands of outstanding cases.
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