Earlier this year, a Philadelphia jury unanimously decided in favor of the Plaintiff in the case of Carlino v. Ethicon. The jury awarded Sharon Carlino $3.5 million in compensatory damages and another $10 million in punitive damages against Johnson & Johnson’s subsidiary Ethicon for faulty manufacturing. According to the complaint, Ms. Carlino had Ethicon’s transvaginal mesh device, marketed as Gynecare TVT, implanted on Aug. 18, 2005. Since then, medical evidence supports her claim that the device eroded inside of her, causing organ damage and causing her permanent pain. She underwent surgery to remove the mesh twice. She filed suit on June 26, 2013.
But Ms. Carlino is not the only woman to claim that Ethicon’s poor design and lack of quality is causing immense pain and injury. To date, more than 74,000 cases are waiting for trials in seven multidistrict litigations (MDLs) located in the Southern District of West Virginia. Ms. Carlino’s case against Ethicon may influence more than 31,000 other cases filed against Ethicon alone. The other 45,000 cases are divided among other manufacturers: Boston Scientific, Coloplast, C.R. Bard, Cook Medical and Neomedic. Carlino v. Ethicon is the latest in a long line of TVM lawsuit verdicts and settlements already reached. It is estimated more than 11,700 cases have been resolved. The verdict in Carlino v. Ethicon represents one of the higher transvaginal mesh claims verdicts. Recent decisions have included a $100 million verdict in Delaware, which included $75 million in punitive damages; and a $1.2 million verdict in Texas.
Beasley Allen lawyers Leigh O’Dell and Andy Birchfield will try a transvaginal case beginning on June 6 against Boston Scientific. Leigh serves on several of the plaintiff steering committees in the pending MDLs. If you have questions about this litigation, contact Leigh, Andy or Chad Cook, at 800-898-2034 or by email at Leigh.Odell@beasleyallen.com, Andy.Birchfield@beasleyallen.com, or Chad.Cook@beasleyallen.com.