Goldman Ismail Secures Favorable Jury Verdict in Pelvic Mesh Trial
On August 24, 2017, a federal jury found that a pelvic mesh device, the TVT-O, was not defectively designed and was accompanied by adequate warnings. The TVT-O device is manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.
The plaintiff alleged that she was implanted with a TVT-O and suffered permanent injuries from the device, including pelvic pain, painful intercourse, infections, and urinary incontinence. In closing argument, the plaintiff requested approximately $85 million in compensatory and punitive damages.
The jury returned a verdict in favor of the defendants on the design defect and failure to warn claims. While the jury found for plaintiff on the negligent misrepresentation claim, it awarded $55,000 for medical expenses only and declined to award any other damages sought, including for pain and suffering and punitive damages.
The trial team was led by Tarek Ismail of Goldman Ismail and Sherry Knutson of Tucker Ellis LLP. Shayna Cook and Laura Sexton from Goldman Ismail also assisted. The case is Rocio Herrera-Nevarez v. Ethicon, Inc., No. 17-cv-3930 (N.D. Ill.). Press coverage of the trial win is available here.