A Pennsylvania state court judge has overturned part of a jury verdict that gave Johnson & Johnson its first win in five pelvic mesh trials in Philadelphia, ordering the company to face damages from allegations that an implant was defectively designed. Philadelphia Court of Common Pleas Judge Michael Erdos ruled last month in favor of Plaintiff Kimberly Adkins on one part of her post-trial motions. Ms. Adkins had contended the jury had been inconsistent in its conclusion that while the mesh she received was defectively designed, it was not the cause of injuries that were acknowledged by both sides.

Jurors in the trial agreed that J&J subsidiary Ethicon Inc. had defectively designed its so-called TVT Secur pelvic mesh, which Adkins was implanted with in July 2010 to treat her urinary stress incontinence, and had failed to provide adequate warnings about its risks. But the jury declined to find that the Plaintiff had suffered any injuries as a result of the implant.

Ms. Adkins argued in post-trial motions that three doctors who testified in the case – her treating physician, a Plaintiff’s expert and a Defense expert – all acknowledged that the mesh caused injuries including bleeding during sex and that, as a consequence, it needed to be removed.

Ms. Adkins had filed suit in July 2013 seeking damages after a portion of the TVT Secur implant eroded into her vaginal canal, causing significant pain. The mesh erosion resulted in her undergoing surgery to remove a portion of the implant in September 2012.

The Plaintiff is represented by Bryan Aylstock, Daniel Thornburgh and James Barger of Aylstock Witkin Kreis & Overholtz PLLC; Benjamin Anderson of Anderson Law Offices; and Lee Balefsky, Christopher Gomez and Christine Clarke of Kline & Specter PC. The case is Kimberly Adkins v. Ethicon Inc. et al., (case number 130700919) in the Court of Common Pleas of Philadelphia County, Pennsylvania.

Source: Law360.com

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