J&J Transvaginal Mesh Case Update: Opening Statements
Yesterday lawyers concluded their opening statements in the first case against Johnson & Johnson (J & J) set in New Jersey. The plaintiff who had a J&J Prolift mesh implanted to correct pelvic organ prolapse has since had over 16 surgeries to repair the damage done by the mesh. Plaintiff’s counsel told the jury why J&J was responsible for the plaintiff’s injuries:
- J&J marketed and sold Prolift transvaginal mesh without obtaining the proper clearance from the FDA
- J&J did not tell doctors that Prolift transvaginal mesh was not cleared by the FDA
- J&J knew of the risks associated with Prolift transvaginal mesh and failed to inform doctors
- J&J did not do clinical testing or studies to learn the risks of Prolift transvaginal mesh
- J&J did not study how to remove Prolift transvaginal mesh
J&J’s attorney claimed that the product did exactly what it was designed to do – correct the plaintiff’s pelvic organ prolapse. She continued to claim that the Plaintiff and her doctors were fully informed of all the risks. J&J’s strategy is to confuse the jury by focusing on the safety and efficacy of the product and any other possible cause of the plaintiff’s injuries.
The Prolift transvaginal mesh was first sold in March 2005. In August 2012, J&J announced that it would no longer market or sell the Prolift transvaginal mesh claiming the product was no longer commercially viable. Of course the timely of this voluntary withdraw is suspect.
Currently, 1800 cases against J&J are pending in the N.J. courts and thousands more are pending in Federal Court in West Virginia.