The first of the Philadelphia pelvic mesh implant cases has come to a resolution in Hammons v. Ethicon. On Monday December 21, 2015, a Philadelphia jury awarded Plaintiff Patricia Hammons $5.5 million in compensatory damages for a defective pelvic mesh implant.
Pelvic mesh implants were introduced to support a patient’s bladder. Plaintiff alleged that her 2009 pelvic mesh implant instead caused scar tissue build up, which ultimately caused an erosion of her bladder and pain during sex. Unfortunately, Plaintiff cannot remove the mesh, because it has molded to her bladder. Defendant Johnson & Johnson claimed that Plaintiff’s pelvic mesh implant worked as expected by supporting her bladder. Furthermore, the risks of the implant were well known in the medical community, particularly among doctors.
The jury concluded that the pelvic mesh product was negligently designed, and that Johnson & Johnson knowingly continued to manufacture the product through a subsidiary. After their decision to award Plaintiff $5.5 million in compensatory damages, the jury also decided that the case should include punitive damages. One day after the verdict, the jury awarded Plaintiff $7 million in punitive damages.
Interestingly, Johnson & Johnson’s attorney noted that Johnson & Johnson’s headquarters in Philadelphia will be closing in the coming year.
There are currently 181 pending pelvic-mesh mass tort cases pending in Philadelphia. Johnson & Johnson admitted on cross-examination that they have at least $44.1 billion in liquid assets that could be converted to cash in order to satisfy the verdict. One down … 181 to go.
Thanks to Melanie Brother for her contribution.