CHARLESTON, W.Va. — A third federal bellwether case against Johnson & Johnson’s subsidiary Ethicon is scheduled for a jury trial in March 2015 in front of Judge Goodwin of the U.S. District Court for West Virginia’s Southern District.
Dianne Bellew is the plaintiff in the third Ethicon case to receive a federal jury trial. She alleges that she suffered significant injuries due to Ethicon’s defective transvaginal mesh, Gynecare Prolift. Her injuries include mesh erosion, mesh contraction, prolapsed organs, inflammation, urinary incontinence, painful intercourse, and chronic pain. Because of the health complications, Bellew was forced to endure multiple operations to have the mesh removed.
Purposes of Transvaginal Mesh
Transvaginal mesh (also known as a bladder sling) is a synthetic surgical mesh used by doctors to strengthen weak pelvic muscles or treat pelvic prolapse by inserting the mesh in the vagina. Pelvic organ prolapse is when the organs in the pelvis region slip out of place. Unfortunately thousands of women have found the mesh is dangerous to their health and often causes the very problem it was meant to prevent. The transvaginal mesh implant has a tendency to erode which results in it tearing or perforating an organ. The erosion or movement of the mesh also causes urinary incontinence, infections, pain, sexual difficulties, and even pelvic prolapse.
Bellew’s case is important because it helps other lawyers guess how federal juries will treat the claims of their clients who are suffering from very similar transvaginal mesh complications. The outcome of the bellwether cases can also help influence any Ethicon transvaginal mesh settlement negotiations with the parent company Johnson & Johnson. The first Ethicon bellwether jury trial ended in favor of the company but the second one resulted in the victim winning a $3.27 million judgment in September.
Defective Mesh Lawsuits
Ethicon is one of many medical device manufacturers that is facing litigation for its defective mesh products. The most recent list by the U.S. Judicial Panel on Multidistrict Litigation states that Bellew’s Judge Goodwin is presiding over thousands of transvaginal mesh cases beyond just the 21,700 currently filed against Ethicon: 14,000 against Boston Scientific, 9,800 against Bard Avaulta, and 18,900 against American Medical Systems, amongst others.
Not only will Bellew be able to have her day in court, but she will have the opportunity to pursue punitive damages against Ethicon for its defective and dangerous transvaginal mesh. The judge’s memorandum opinion and order denied Ethicon’s request for summary judgment (which would have meant no trial for Bellew) and denied the company’s request to prevent the jury from awarding punitive damages. Punitive damages allow juries to punish corporate wrongdoers when their conduct is so heinous and reckless that it put patients at risk of injury or death.
Patients suffering serious complications and injuries after having a transvaginal mesh implant have legal rights and may have a possible lawsuit against Ethicon.
Our Lawyers Can Help
Our dangerous device attorneys can help if you or someone you care about was harmed by a transvaginal mesh implant. Lawsuits have been filed against the device maker by both patients and their families seeking compensation for injuries caused by the dangerous device. You may be entitled to a settlement. We do not charge any legal fees unless you receive a settlement and we pay all of the case costs. If your claim is not successful for any reason, you do not owe us anything. We put it all in writing for you. Our transvaginal mesh lawyers will help you file your lawsuit.
Our No Fee Promise on Transvaginal Mesh Cases
You can afford to have our great team of lawyers on your side. When you choose us, it literally costs nothing to get started. We promise you in writing:
- No money to get started
- We pay all case costs and expenses
- No legal fees whatsoever unless you receive a settlement
- Phone calls are always free.
Start Your Transvaginal Mesh Claim
Our transvaginal mesh lawyers will help you file your lawsuit. To get started, you can:
- Submit the Free Case Review Box on this page, or
- Call (866) 280-4722 any time of day to tell us about your case.
We will listen to your story and answer your questions. If you have claim, we will start immediately.
WARNING: There are strict time deadlines for filing transvaginal mesh lawsuit claims.