Verdict for Plaintiff in First New Jersey Pelvic Mesh Trial
Yesterday, a jury in Atlantic City, New Jersey returned a verdict against Johnson & Johnson in the first vaginal mesh case to proceed to trial from among the roughly 1,800 vaginal mesh cases that have been centralized before the Hon. Carol E. Higbee of the Superior Court of New Jersey. The plaintiff, Linda Gross of South Dakota, alleged that the Gynecare Prolift vaginal mesh product that was implanted in her was defective, and that the company had also failed to adequately warn of the dangers associated with the device. The $3.35 million award in favor of the plaintiff and her husband may increase, as Judge Higbee will allow the plaintiffs to present evidence in support of a claim for punitive damages.
While there are many more vaginal mesh cases pending in New Jersey, and in other courts around the country, against Johnson & Johnson and other companies, it is too early to tell what effect this verdict will have on the litigation, or whether this verdict will ultimately be upheld or reversed on appeal.