Final Verdict in New Jersey Amounts to a Win for the Plaintiff

After nearly two months of trial, the final verdict is in and it is a win for the plaintiff. The New Jersey jury considering the first Ethicon/J&J transvaginal mesh trial in the country awarded the injured plaintiff, Linda Gross, $3.35 million in compensatory damages and $7.76 million in punitive damages. Linda Gross was implanted with Ethicon/J&J's Prolift and suffered substantial and permanent injuries as a result of the product. Mrs. Gross was forced to endure approximately 18 corrective surgeries because of her injuries and she will require more treatment in the future.

The jury found that Ethicon/J&J knew of the significant risks associated with its Prolift product prior to Mrs. Gross's original implant but downplayed those risks and failed to warn implanting physicians, including Linda Gross's doctor, of what the mesh giant knew about the risks. The jury also found that Ethicon/J&J intended to deceive Linda Gross and committed fraud. In light of these findings, the jury was asked to consider whether Ethicon/J&J's conduct was egregious enough to warrant punitive damages (i.e. damages intended to punish the company and deter them from committing similar conduct in the future). The jury believed it did and hit the manufacturing giant with a multi-million dollar punitive damages verdict.

Although the total verdict ($11 million) amounts to only a fraction of the money that Ethicon/J&J spends every single day in advertising and marketing of its products ($57 million), it is hopeful that the message is made clear to to all medical device companies, including transvaginal mesh manufacturers: false and misleading business practices that cause injury to innocent victims will not be tolerated.