Judge Dismisses Pelvic Mesh Lawsuit
U.S. District Judge Joseph Goodwin dismissed a lawsuit against Johnson & Johnson filed by Carolyn Lewis, who claimed that the company knew the design of its TVT Retropubic sling implant was flawed and could cause serious injury. Judge Goodwin said that the plaintiff did not provide sufficient evidence that a defect in the device caused her injury.
The Lewis case was the first sling case to go to court, and there are over 12,000 more filed against Johnson & Johnson. All lawsuits claim that the sling degrades over time, causing pain and injury. Pelvic mesh implants were threaded through an incision in the vagina in order to fortify pelvic muscles in women. Many of the implants were designed to resolve incontinence issues or other problems associated with insufficient pelvic muscles. In 2010 alone, more than 70,000 of the devices were implanted. However, many of the women claim they were injured due to deterioration, shrinking and fraying of the implanted pelvic mesh. Lewis, who is from Texas, underwent surgery in 2013 to have the sling removed after suffering from continued incontinence and painful intercourse.
New Jersey Case
In 2013, a jury in Atlantic City ordered Johnson & Johnson to pay $11.1 million due to damages caused to a patient whose Prolift device caused injuries. That decision was the first case related to devices other than slings to go to trial against the company. Johnson & Johnson stopped selling some lines of vaginal mesh implants, despite their claims that the Prolift and TVT Retropubic devices are safe and effective. The company says that adequate warnings of the risks of using the products were provided to doctors and patients.
During the trial, Johnson & Johnson presented evidence from the U.S. Food and Drug Administration, which found the devices to be safe and effective. In addition, the company said that use of the devices remains the "gold standard" for treating incontinence in women.
When the malfunction of a product is suspected as the cause or a contributing factor in injury or death, a product liability claim may be in order. Contact Dallas-Fort Worth lawyers at Frenkel & Frenkel to schedule a free initial consultation regarding injuries that may have been caused or worsened by the malfunction of a product.