Products Liability Law Reporter

In 2007, Suzanne Emmet, 45, was implanted with several Johnson & Johnson pelvic mesh products to treat pelvic organ prolapse and urinary stress incontinence. She complained of pain shortly after the surgery and subsequently underwent corrective surgery to have the mesh removed from her body. She required six more revision surgeries over the next few years; however, the procedures did not relieve her inflammation, bleeding, pain, and infection.

She and her husband sued Johnson & Johnson and Ethicon, Inc., its wholly owned subsidiary, alleging the defendants’ pelvic mesh products, including the Prolift System, Gynemesh, and TVT-O, were negligently designed. The plaintiffs claimed that the products are subject to erosion, fail to perform as intended, and have a high failure rate, causing severe and irreversible injuries and necessitating frequent operations. The plaintiffs asserted that the defendants misrepresented the safety and efficacy of their products, withheld information about their propensity to fail, and failed to warn Emmet’s physician about the risks. The plaintiffs did not claim lost income or past medical expenses.

The jury awarded $41 million, including $1 million to Emmet’s husband and $25 million in punitive damages.

Citation: Emmet v. Ethicon, Inc., July Term 2013, No. 01495 (Pa. Ct. Com. Pl. Phila. Cnty. Jan. 31, 2019).

Plaintiff counsel: AAJ members Thomas R. Kline, Kila B. Baldwin, and Elia Robertson; and Philip Pasquarello, all of Philadelphia.