Pelvic Mesh Lawsuits Archives - Medical Design Sourcing

Supreme Court denies J&J appeal of $302M vaginal mesh ruling

The U.S. Supreme Court today declined to hear Johnson & Johnson‘s (NYSE:JNJ) appeal of a $302 million judgment for false and deceptive marketing of its vaginal mesh implants.

The nation’s highest court denied the medtech maker’s bid for review without comment, allowing the California ruling to stand.

Attorneys for the state sued Johnson & Johnson and its Ethicon subsidiary in 2016, alleging the company neglected to tell patients and physicians about potentially severe complications and misrepresented the frequency and severity of the risk.

The case went to trial in front of a San Diego County judge in 2019 and resulted in a $343.99 million judgment against the companies in early 2020. The Fourth District Court of Appeals in California cut the civil penalties by $42 million last year.

J&J wanted a review of the case, saying it wasn’t fairly notified of the penalties and that attorneys for the state of California didn&#…

Coloplast wins summary judgement in transvaginal mesh suit in Minnesota

A federal judge in Minnesota granted summary judgment to Coloplast in a lawsuit over the company’s transvaginal mesh.

Angela Dawn Cantrell received the Restorelle L mesh implant as part of a surgery to correct vaginal prolapse in January 2018. Cantrell continued to experience pain and pelvic floor dysfunction after the surgery and underwent additional surgeries.

In 2020, Cantrell commenced action, advancing 11 claims against Coloplast, which now moves for summary judgment and to exclude the opinions and testimony of Cantrell’s six expert witnesses. Cantrell opposed the motions but only contests the motion for summary judgment as to three of the 11 claims: negligent design, design defect and failure to warn.

Coloplast argued that the negligent design claim fails because of a lack of admissible specific causation evidence. The court excluded testimony of Cantrell’s two specific causation experts, meaning she can’t succeed on the cla…

Federal lawsuit over Boston Sci pelvic mesh heads to trial

A federal judge in Arkansas has ruled that most counts in a pelvic mesh lawsuit against Boston Scientific can go to trial.

Kortney Cline sued Boston Sci in 2014, claiming that she suffered injuries after implantation with the company’s Obtryx trans-obturator mid-urethral sling in 2009.

Cline’s case was recently transferred to federal court in Arkansas from West Virginia, where it had been one of seven multi-district litigations. U.S. Judge Timothy L. Brooks in Arkansas, in an order dated Feb. 11, found that seven of the 10 counts in Cline’s lawsuit can proceed to trial.

Brooks among other things found “genuine, material disputes of fact” over whether Boston Sci should have used Marlex polypropylene in the Obtryx device. The judge also found that Cline had raised a “triable question of fact” over whether Boston Sci failed to entirely warn the doctor who implanted the Obtryx device in Cline.

Brooks also said…