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Woman Receives $7.76 mln Jury Award against Johnson & Johnson over Vaginal Mesh

published March 02, 2013

By Author - LawCrossing
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( 2 votes, average: 3.4 out of 5)
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03/02/13

Linda Gross Receives $7.76 mln Jury Award against Johnson & Johnson over Vaginal Mesh
On Thursday, a New Jersey jury ordered Johnson & Johnson and its subsidiary Ethicon to pay punitive damages amounting to $7.76 million to Linda Gross, a South Dakota nurse, over harm caused by vaginal mesh. The court had earlier ordered a compensatory damage of 3.5 million earlier, and with the punitive damage award, the total sum reaches $11.5 million in cumulative damages. Johnson & Johnson has released a statement asserting that the punitive damages award lacks substantive evidence and the company plans to appeal the decision.


The controversy was over the company’s Gyncare Prolift vaginal mesh, which has already been withdrawn from the market. The company marketed the product for the treatment of pelvic organ collapse, a condition for which the South Dakota nurse was treated in 2006.

Thought Johnson & Johnson has decided to appeal, because it cannot afford to accept the decision without battling it to its end when another 1,800 lawsuits over similar causes of action and involving the Prolift vaginal mesh were pending in the courts of New Jersey.

Linda Gross’s attorney Adam Slater said, “Linda Gross cannot turn back the clock and make her misery and pain disappear,” and that the involved companies “should be severely punished financially.”

According to the lawsuit, after installation of the vaginal mesh, Gross faced severe problems including extensive neurologic damage, scar tissue, inflammation, mesh erosion and others. She required 18 operations to stem the tide of increasing bodily damage caused by the vaginal mesh.

Linda’s case in Atlantic City is the first of about 11,000 cases brought against different companies over vaginal mesh caused problems.

While the jury did not decide on any design defects, it found the companies had fraudulently misrepresented the procedure in promotional material and had failed to warn doctors, and in this case Gross’s doctor, of associated hazards.

Pelvic organ collapse is normally associated with menopause, childbirth or hysterectomy, when surrounding tissue tries to force its way into the vagina through weakened pelvic areas.

published March 02, 2013

By Author - LawCrossing
( 2 votes, average: 3.4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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