Certain medical incidences have really gained momentum in terms of their ability to pay the injured for their suffering, health conditions and financial hardships. One such medical suit that has been making headlines in recent years involves injuries caused by pelvic mesh. Pelvic mesh is implanted when reproductive or other pelvic injury or surgery requires the device. However, in recent years, many types of pelvic mesh have come under scrutiny and have brought unnecessary injury to those who have used it.
Many injured women have brought suit against the manufacturer of the medical device or the doctor who implanted them. In the last several years, women across the country injured by pelvic mesh have filed and won multi-million dollar suits against the negligent parties. One woman, a Pennsylvania resident, filed and won a suit that earned her over $50M, much of which was awarded due to punitive damages on behalf of the negligent manufacturer of the medical device. The woman was injured when the implant eroded into her urethra, causing injury.
The company has already publicly stated that they would appeal the verdict as it believes the decision was made in error. The punitive damages, totaling $50 million, were the majority of the damages awarded and were meant to punish the negligent party for its misconduct. The plaintiff alleged that Johnson & Johnson intentionally manipulated the literature regarding problems with the products and then withheld information about complications and injuries from doctors about the medical device. Therefore, doctors were not aware of the potential problems associated with the device.
This includes the doctor that implanted the medical device in the injured woman, who was not the focus of this particular lawsuit. The punitive damages were meant to ‘punish’ the defendant for its actions as they appeared to prove that the manufacturer was intentionally negligent.
If you have been injured by a medical device or by negligent medical care, you may wish to contact an attorney to discuss the specifics of your case.
Source: philly.com, “J&J unit ordered to pay $57.1M to Pa. woman in pelvic mesh suit,” Sam Wood, September 7, 2017