Trial News

McFarland v. Ethicon Women’s Health & Urology, No. 1307-001577 (Pa. Ct. Com. Pl. Phila. Cnty. Apr. 24, 2019).

In 2008, Susan McFarland was implanted with an Ethicon TVT-O pelvic mesh product to treat stress urinary incontinence. The mesh eroded, however, which necessitated additional surgery to remove eroded portions of mesh. Since the implantation surgery, she has suffered from chronic urinary tract infections, groin pain, and pain with intercourse. Now 69, she is unable to engage in intercourse and continues to suffer from stress incontinence.

She sued Ethicon Women’s Health & Urology, alleging negligent design. The plaintiff claimed that there are serious health risks associated with polypropylene mesh implanted transvaginally, including its tendency to erode into a woman’s adjacent vital organs, and that these risks were well known before pelvic mesh products were introduced into the marketplace. The plaintiff did not claim past medical expenses or lost income.

The jury awarded $120 million, including $100 million in punitive damages.

Plaintiff counsel: AAJ members Tracie Palmer and Braden Lepisto, both of Philadelphia.

Comment: In Engleman v. Ethicon, Inc., 2019 WL 4556909 (Pa. Super. Ct. Sept. 20, 2019), Margaret Engleman underwent implantation of a Tension Free Vaginal Tape Secur in 2007 to treat mild stress urinary incontinence. A month later, Engleman experienced vaginal pain, and her incontinence returned. The surgeon removed part of the TVT-Secur mesh, which was exposed inside Engleman’s vagina. Engleman’s pain and incontinence increased, necessitating two additional procedures to remove the remaining mesh. Engleman continues to suffer from chronic vaginal pain, urgency, frequent urination, and sexual dysfunction. In 2013, she sued Ethicon, Inc., and Johnson & Johnson, alleging liability for the damage the mesh caused to her internal organs. A jury awarded $20 million. On appeal, the appellate court agreed with the defense that under New Jersey’s punitive damages cap, the punitive damages award must be reduced to five times the $2.5 million compensatory award. The court reduced the jury’s total verdict to $15 million but affirmed the judgment in all other respects. The plaintiff was represented by AAJ members Charles Lyman Becker, Christopher A. Gomez, Lee Balefsky, Andra M. Laidacker, and Kila B. Baldwin, all of Philadelphia; AAJ members Stefanie Colella-Walsh and Martin Schrama both of Lawrenceville, N.J.; and AAJ members James D. Barger, Daniel Thornburgh, and Bryan Aylstock, all of Pensacola, Fla.