Recently, the Texas Jury awarded Linda Batiste, a 64 year old nurse, received $1.2 million from the company Johnson & Johnson (JNJ). Batiste had the Tvt-Obturator (TVT-O) transvaginal mesh sling device (made by JNJ) implanted to treat stress urinary incontinence—a condition which involves involuntary urination. Batiste asserted that the mesh sling was defectively designed, and because of this failure to create an effective product she has suffered severe pelvic pain from the device eroding inside of her.
Ten of the 12 jurors agreed on the following points and awarded the following amounts respectively:
- For “Physical Pain and mental anguish” the jury awarded $100,000
- for “Physical pain and mental anguish that, in reasonable probability, Linda batiste will sustain in the future” the jury awarded $500,000
- for physical impairment sustained in the past $0
- for “Physical impairment that, in reasonable probability, Linda Batiste will sustain in the future” the jury awarded $400,000
- for “Reasonable expenses of necessary medical care that, in reasonable probability, Linda Batiste will incur in the future” they awarded $200,000.
The verdict was not unanimous, but ultimately the ten jury members agreed that there was in fact a design defect of the TVT-O. In other words, this means there is a safer alternative design but the company failed to use the safer alternative for this product. While the jury rejected batiste’s claim that the Ethicon mesh didn’t provide sufficient warnings about the health risks of the device and declined to award punitive damages, Batiste was awarded a total of $1.2 million for her physical pain, impairment, and medical expenses.
JNJ has been involved in so many lawsuits regarding many of their Transvaginal mesh devices that in 2012 they decided to stop selling certain lines of the product. While this saved many victims from suffering from defective products, unfortunately the TVT-O, the brand Batiste suffers from, is still on the market. For more information here is a link to another article written on this lawsuit.
Legal Commentary
The complications caused by this device have left many women to suffer with horrid recoveries, large medical bills, lost wages, and ongoing pain. From a civil standpoint, our firm has represented numerous families who are the victims of the complications from the transvaginal mesh device. If you or a loved one has experienced any of these problems because of an implanted or removed transvaginal mesh, we encourage you to consult with one of our transvaginal mesh attorneys as soon as possible. A successful civil claim pursued against the responsible party will help compensate the victims for the costly medical expenses, and hopefully for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead TV Mesh lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.
About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing transvaginal mesh victims and families harmed by dangerous implantations on a nationwide basis—especially the Transvaginal mesh device. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.
Picture from http://meshmedicaldevicenewsdesk.com/tag/linda-gross/