Jury begins deliberations in J&J vaginal mesh lawsuit
By on February 19, 2013 at 1:15 PM, updated February 19, 2013 at 1:35 PM
“Would Linda have chosen a different procedure if she knew everything that Ethicon knew? Absolutely,” Gross attorney Adam Slater said in his summations on Friday. “They obviously failed to warn.”
J&J, the world’s biggest seller of health care products, claims Prolift is safe and effective, and Ethicon warned properly of the risks. The case is the first of 1,800 such lawsuits to go to trial. Gross seeks $3.38 million for lost earnings and past and future medical expenses. She also seeks damages for pain and suffering.
Superior Court Judge Carol Higbee hasn’t ruled yet whether Gross can seek punitive damages if jurors award her compensatory damages. New Jersey caps punitive damages at five times compensatory damages or $350,000, whichever is higher.
Jurors will weigh these questions: Was Prolift defectively designed? Did J&J fail to provide adequate warnings to Gross, and to her implanting surgeon? Did J&J make a fraudulent misrepresentation to Gross? If the answer is yes to any of those questions, were they a proximate cause of Gross’s injuries?
If answering yes to any of those sets of questions, jurors would then consider damages for Gross’s pain, suffering, lost wages and medical expenses, as well as the loss of companionship and conjugal affections for her husband, Jeff. Gross, 47, worked as a nurse in South Dakota.
Gross had her Prolift implanted on July 13, 2006, to shore up pelvic muscles. Slater claims her chronic pain and other health problems were risks Ethicon knew about before first selling Prolift in March 2005.
The Prolift, made of a polypropylene mesh, was inserted through an incision in the vagina. Slater said Ethicon knew the device caused pain and often became exposed through the vaginal skin. He said it hardened in women’s bodies, caused pain, and was difficult for surgeons to remove.
Slater said Ethicon failed to warn doctors of risks it knew and didn’t tell them how to remove mesh. He said the written instructions were “completely inadequate” and should have warned of 28 complications not mentioned.
In August, J&J stopped selling four mesh devices in the U.S., including the Prolift. The company said in June that it would end sales worldwide because of the products’ lack of commercial viability, and not based on their safety and effectiveness.
Bloomberg
