Jury Awards $3.35 Million to Victim of Prolift Vaginal Mesh Injuries
ATLANTIC CITY, N.J., Feb. 25, 2013 /PRNewswire/ -- A New Jersey state court jury today awarded $3.35 million to 47-year-old Linda Gross , a woman whose life took a significant turn for the worse in 2006 after she received a Prolift vaginal mesh implant manufactured by Johnson & Johnson's Ethicon unit.
Concluding the trial of the first of the 2,100 personal injury cases over the Prolift vaginal mesh implant kit pending in New Jersey Superior Court to be tried, the jury found that Ethicon had failed to provide an adequate warning to Linda Gross 's implanting surgeon, Dr. Benson. (Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey). The jury further found that the company had made fraudulent representations to Gross and Benson.
About $185,000 of the $3.35 million jury award was allocated to Gross's husband for loss of consortium. The rest was awarded to compensate Gross for her past and future pain, suffering, medical costs and lost wages.
A 47-year-old former nurse, Gross testified that Ethicon's Prolift vaginal mesh implant has rendered her unable to work, have sex with her husband, or sit comfortably for more than 20 minutes at a time. Gross also said that, as a result of the Prolift mesh, she takes up to 20 medications a day and has undergone more than 400 medical encounters, including physical therapy sessions, doctor visits, and many surgeries.
As part of the closing arguments he delivered at the trial, counsel for the claimant showed the jury e-mails and re-played videotaped deposition testimony evidencing Ethicon Corp.'s repeated decisions to ignore reports of complications related to its Prolift vaginal mesh in a rush to get that mesh to market.