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 Following more than three days of deliberations in Kern County,
California, jurors found Ethicon liable for problems with the TVT
Abbrevo's design and for failing to warn about its risks, according
to a lawyer for plaintiff Coleen Perry.
Perry was awarded $700,000 in compensatory damages and an additional
$5 million in punitive damages after jurors in the Bakersfield court
found Ethicon's conduct amounted to "malice," her lawyer said.
The verdict is the fourth win for plaintiffs suing Ethicon over
transvaginal mesh. More than 36,000 lawsuits have been filed against
Ethicon in state and federal courts over the devices, which are used
to treat stress urinary incontinence and pelvic organ prolapse.
The Abbrevo, one of Ethicon’s newer models of mesh products, was
cleared for sale by the U.S. Food and Drug Administration in 2010 to
treat stress urinary incontinence. Perry, who was implanted with it
in 2011, said she began experiencing a “pulling-type” pain almost
immediately after surgery.
Perry said the mesh began to erode in her body, causing pain that
she said she expects to last the rest of her life, according to
testimony Reuters saw on Courtroom View Network.
Ethicon’s lawyers said the product was thoroughly vetted before it
hit the market and that doctors considered the mesh used in the
Abbrevo to be the “gold standard” for incontinence treatment.
Peter de la Cerda, a lawyer for Perry, said the verdict sent a
"clear message to Ethicon" about its "improper conduct in designing
and marketing the Abbrevo."
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Ethicon spokesman Matthew Johnson said the company believed it has
strong grounds for appeal. Ethicon stands behind the safety and
effectiveness of the Abbrevo, as well as its development and
marketing, he added.
Ethicon won one trial over mesh in federal court in West Virginia,
where another trial over its mesh products started on Monday.
Ethicon, Boston Scientific Corp and C.R. Bard are among seven
companies facing more than 70,000 mesh injury lawsuits in federal
court and thousands of additional cases in state courts.
The case is Perry et al v. Luu et al, Superior Court of the State of
California, Kern County, No. 5-1500-CV-279123.
(Reporting by Jessica Dye in New York; editing by Chris Reese,
Alexia Garamfalvi and Lisa Von Ahn)
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