Sept. 21, 2015 — Jury selection begins today in Dallas for another pelvic mesh trial against against Ethicon/ Johnson & Johnson. The healthcare giant continues to take pelvic mesh product liability cases to trial rather than offer settlements as several other mesh makers have done.
Pelvic Mesh Trial in Dallas
The trial against defendant Ethicon trial is expected to run 2-3 weeks. It is Case No. DC-14-04220, in the 95th Judicial District before Judge Ken Molberg – George L Allen Sr Courts Building, 600 Commerce St # 640, Dallas, TX 75202.
Doctor, Hunt Memorial, Baylor also named
According to her petition, the Texas woman is suing her implanting physician, Dr. Teresa Kowalczyk MD, Hunt Memorial Hospital in Texas, Hunt Regional Medical Center, Baylor Healthcare System, J&J and Ethicon for mesh related injuries. The woman was implanted with the Gynecare Prosima Pelvic Floor Repair System, which J&J recalled in 2012. The lawsuit notes polypropylene material sparks an immune reaction; pathogens attach when the mesh is implanted vaginally; the mesh shrinks; the mesh causes friction with the underlying tissue causing the tissue to degrade; the mesh injures major nerve routes in the pelvic region and degrades over time, taking with it the internal tissues; the welding of the mesh during production creates a toxic substance that contributes to the degradation of the mesh and host tissue; the design of trocars potentially penetrates nerve-rich environments.
J&J withheld damning Information
The complaint says J&J/Ethicon withheld information about the propensity of mesh products to fail, resulting in injury and complications. The complaint claims Ethicon has misrepresented the efficacy and safety of the products, intentionally misleading the public. In addition, according to the petition, Ethicon failed to perform any tests to determine the risk and failed to design a safe, effective procedure for removal of the pelvic mesh. In addition, according to the petition, Ethicon/J&J provided incomplete and misleading training to implanting physicians, many of whom were not trained surgeons. The training often occurred in a weekend cadaver clinic and/or with a sales rep in the operating room.
Pelvic Mesh Trial of J&J/Ethicon in Dallas
In the case of the Texas woman, her attorneys say her doctor knew or should have known the pelvic mesh products have a high rate of failure, injury and complications, and that they failed to perform as intended. Regardless, Dr. Kowalczyk implanted Ms. Cavness on April 24, 2012, nearly a year after the FDA said complications from mesh implants are “not rare.” The suit charges that the doctor was negligent in the care and treatment to her patient, and failed to act as a reasonably prudent physician.
Causes of Action
The Causes of Action include negligence; failure to warn the Plaintiff before implantation; defective design of a product that was unreasonably dangerous; defective manufacture; breach of an implied and express warranty that the products were safe for their intended purpose.
The woman claims she is in physical and mental pain that will likely continue into her future, and that she is disfigured from her mesh and revision surgeries. She says she has lost the ability earn a living, lost wages, will suffer medical care and expenses now and in her future as a result of the plastic mesh.
28,777 Mesh Cases filed against J&J
Johnson & Johnson/Ethicon has 28,777 cases filed against it in federal multidistrict litigation court in Charleston, WV. A total of 83,019 cases have been filed there so far.
J&J Crimes against Consumers
Meanwhile, J&J is busy paying off crimes against consumers. Between 2010 and 2013 J&J accrued $5.4 billion in fines and settlements for breaking laws and deceiving people. The company plead guilty to criminal misbranding of the off-market promotion of Risperdal, an anti-psychotic drug. J&J clearly fails to follow its self congratulatory credo, that its “(first) responsibility is to the doctors, nurses and patients, to mothers and fathers and all others who use our products.”
The Texas woman is represented by David Matthews, Matthews & Associates of Houston; Tim Goss , Rich Freese, Freese & Goss of Dallas.
- Prosima Mesh recalled by Johnson & Johnson
- Pelvic Mesh not approved by FDA – 510(k) Blues
- J&J loses $1.2 Million Verdict in Pelvic Mesh Case (pending appeal)
- $73 Million Verdict in Dallas Pelvic Mesh Case (pending appeal)
- Pelvic Mesh Lawsuit