A jury in Philadelphia awarded more than $57 million to a woman who was internally scarred and left incontinent by a defective Ethicon pelvic mesh implant made by Johnson & Johnson. The award, the largest so far in several recent mesh injury trials in the state, includes $50 million in punitive damages.
The jury found in favor of plaintiff Ella Ebaugh, determining that two of Ethicon’s mesh devices had caused internal mutilations permanently impairing her urinary system. The case is In Re: Pelvic Mesh Litigation, Case No. 140200829.
Attorneys in the case said the verdict sends a message to J&J and Ethicon about the impropriety of their conduct surrounding the design and marketing of the dangerous surgical mesh devices. Of the two mesh devices that were the subject of the lawsuit, one has been recalled but the other, Ethicon’s TVT product, remains on the market even as substantial numbers of mesh injury lawsuits continue to move through the courts.
In separate litigation, Ethicon faces 29,905 federal lawsuits consolidated before US District Judge Joseph R. Goodwin in MDL 2327, IN RE: Ethicon, Inc., Pelvic Repair System Products Liability Litigation.
The previous highest-result mesh injury case from the series ongoing in Pennsylvania was $20 million. Ethicon has stated it intends to appeal the jury’s decision in Ms. Ebaugh’s case.
The previous highest-result mesh injury case from the series ongoing in the Philadelphia Court of Common Pleas was $20 million. Some 130 pelvic mesh lawsuits are pending there in a mass tort program. Ethicon has stated it intends to appeal the jury’s decision in Ms. Ebaugh’s case.
Ethicon and Johnson & Johnson have prevailed in a single Pennsylvania pelvic mesh trial. Four Philadelphia juries have awarded Ethicon plaintiffs $12.5 million, $13.6 million, 17.5 million, and $20 million in damages.
