Posts Tagged ‘West Virginia’
Mass Torts Update - Thursday, October 2, 2014 12:15 - 0 Comments
In another TVM case, Johnson & Johnson was ordered by a federal court jury in West Virginia last month to pay $3.27 million in a lawsuit involving a defectively designed vaginal-mesh implant. The Plaintiff, Jo Huskey, said the implant eroded inside her and that she had to have surgery. The jurors found J&J’s Ethicon unit liable for Ms. Huskey’s injuries. The company’s TVT-O mesh sling, sold as a treatment for incontinence, was the culprit.
This is the second jury finding that J&J’s incontinence slings are defectively designed resulting in harm to women. J&J, based in New Brunswick, N.J., faces more than 30,000 lawsuits accusing Ethicon of making improperly designed vaginal inserts, such as the slings, that damaged women’s organs and made sexual relations very painful. The company reported the number of cases in a securities filing last month. In April, a jury in state court in Dallas concluded the design of the TVT-O sling implanted in Linda Batiste was defective and awarded the 64-year-old woman $1.2 million in compensatory damages. Interestingly, the TVT-O sling remains on the market.
Many of the vaginal-mesh cases against J&J and other implant makers have been consolidated before U.S. District Judge Joseph Goodwin in Charleston, W. Va., for discovery and bellwether trials. Judge Goodwin presided over the trial of Ms. Huskey’s trial. Boston Scientific Corp. (BSX), C.R. Bard Inc. (BCR) and other makers of vaginal inserts targeted in suits had talks this year about settling cases over the devices. But J&J has refused to participate in settlement talks about its inserts.
Ms. Huskey, an assistant physical therapist from Illinois, got her Ethicon sling in 2011 and had surgery to remove the device later that year after suffering pain that made sex very difficult. In Ms. Huskey’s case, jurors found that J&J officials defectively designed the sling and failed to properly warn doctors and patients the device could erode, damaging organs and causing pain. During the trial, Judge Goodwin ruled that Ms. Huskey couldn’t seek punitive damages against J&J over the device maker’s handling and marketing of the sling. The case is in the U.S. District Court, Southern District of West Virginia (Charleston).
Source: Jeff Feeley with Bloomberg News
- GlaxoSmithKline To Pay West Virginia $22 Million To Settle Drug Lawsuit
- West Virginia Coal Mine Collapse Kills Two Miners
- Judge Approves Settlement In Deadly Plant Explosion In West Virginia
- Tougher Chemical Rules Needed
- Bellwether Trials Scheduled In Transvaginal Mesh Litigation
- West Virginia Board Awarded $2.6 Million In Lawsuit
- America Electric Power Found To Be At Fault In Fatal 2007 Blast
- Federal court to hear West Virginia families’ claims against DuPont
- Wrongful death suit filed against Bayer
- Continental Recalls 8,070 Motorcycle Tires
- Deepwater Horizon Economic Settlement Program Trying to Make Up for Lost Time
- A Report On A Deadly Chemical Leak At A Site In Texas
- Korean Automakers Hyundai And Kia Agree To Record U.S. Settlement For Mileage Fraud
- General Motors Is Sued By Arizona For $3 Billion Over Recalls
- Wrongful Death Lawsuit Filed Against General Motors
- NHTSA Probes Honda Accord Power Steering Issues
- NHTSA Fines Ferrari $3.5 Million Over Safety Reports
- AutoNation Halts Sales Of Used Cars In Air Bag Recalls
- Audi Air Bags May Not Fire When Ready
- Honda Repair Deal In Faulty Side Air Bag Class Action
- Honda Failed To Report 1,729 Deaths And Injuries Since 2003
- Obama Nominates Mark Rosekind To Lead NHTSA
- NHTSA Probes Honda’s Reporting Of Defective Air Bags
- The judge approved the settlement. Now it's up to DG issuing checks, etc. We'r...
- i signed a lot of paperwork back in 2010 ....
need to change address from. ...
- Dear Sir: i am about to take a case against VW to a Federal Court Jury trial in ...
- 2004 350 6.0 Powerstrike diesel Navistar engine. PLEASE advise on how to be par...
- This recall is a night mare. One week after purchasing new tires back in August...
- We recently lost our home to foreclosure by Flagstar. After months of applying ...
- Safety starts at the top of an organization. This takes management commitment, w...
- I also lost my home to foreclosure due to Flagstar's failure to process my reque...