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Failure to Warn Doctrine Affirmed in Pharmaceutical Product Defect Case

NJ Defective Pharmaceutical Product Lawyer In a recent pharmaceutical product defect case involving pelvic mesh, a New Jersey Appellate Court upheld an $11.1 million verdict, affirmed the applicability of the failure to warn doctrine, and issued a decision that has far-reaching implications for pelvic mesh implant litigation both in New Jersey and nationwide.

The case in question involves plaintiff, Linda Gross, who filed a lawsuit against Ethicon Inc., a subsidiary of Johnson & Johnson, that designs and manufactures the Gynacare Prolift pelvic organ prolapse repair kit. The product, which is intended to bolster weak pelvic muscles, allegedly causes severe complications, including organ displacement, organ damage, chronic pain, and scarring.

Many who have filed product liability lawsuits against Ethicon have undergone several corrective surgeries to repair the damage caused by the pelvic mesh implants. Gross is among these patients, having had 20 surgeries since her health began to deteriorate.

Gross, and the thousands of people like her across the United States, are subsumed within the overarching civil action known as In re Pelvic Mesh/Gynecare Litigation, No. 291. In this case, the plaintiff claimed that the company’s failure to warn her of the potential dangers of the product led her to make an uniformed medical decision that ultimately caused her significant harm.

After a jury deliberated on the matter, they affirmed Gross’s contentions and awarded her $3.35 million in compensatory damages, including $1.1 million for pain and suffering, $1 million for future medical expenses, $500,000 for future lost wages, $385,000 for past medical expenses, $180,000 for past lost wages, and $185,000 for a per quod claim. Additionally, Gross was awarded $7.76 in punitive damages, which is highly uncommon in defective pharmaceutical cases.

After the matter was taken up on appeal, a three-judge Appellate Division panel affirmed the damages awarded, noting that punitive damages were applicable because Gross was injured prior to FDA approval of the pelvic mesh implant.

Overall, this case sets a significant precedent for future pelvic mesh litigation and may provide support for the many pending cases in New Jersey and across the United States.

For additional information pertaining to this case, access the following article: NJ Court Affirms $11M Pelvic Mesh Verdict

Woman Files Medical Malpractice Claim After Surgical Error Leaves Her Paralyzed

A woman recently filed a medical malpractice lawsuit against an Iowa hospital after a catastrophic surgical error left her paralyzed, neurologically impaired, and in need of 24-hour care. The aforementioned case began in 2014, when 52-year-old Joyce Bohren sought treatment at University of Iowa Hospitals and Clinics for hearing difficulties. Physicians soon identified two benign tumors, called meningiomas,… Continue Reading

Mother Seeks Damages After Delivery Errors Cause Son’s Birth Injury

In a recent medical malpractice case filed in New York, a mother is seeking damages, claiming that the mismanagement of her labor led to a severe birth injury for her son, who sustained significant neurological damage after being deprived of oxygen. This case was filed in the United States District Court for the Northern District of… Continue Reading

Upcoming Trial in Medical Malpractice Case Involving Young Doctor Who Died of Undiagnosed Blood Clot

The trial is about to begin in a medical malpractice case involving a 26-year-old doctor who died after doctors allegedly failed to diagnose and treat the blood clot that ultimately claimed her life. Just days after graduating from medical school in 2013, 26-year-old Pennsylvania resident Jennifer Sidari tragically died as a result of a fatal brain hemorrhage. Her parents, Peter… Continue Reading

Woman Awarded $5.1 Million After Contracting Hepatitis C from Contaminated Colonoscopy Instruments

In a recent case out of Brooklyn, New York, a woman was awarded $5.1 million in damages after filing a medical malpractice lawsuit against two doctors, specifically a gastroenterologist and an anesthesiologist. The woman claimed to have contracted Hepatitis C as a result of cross-contamination during a routine colonoscopy. The plaintiff in this case, 48-year-old Lucy… Continue Reading

Growing Concern as Zika Virus Proliferates, May Cause Birth Defects in Infants

The World Health Organization (WHO) has scheduled an International Health Regulations Emergency Committee to address the recent proliferation of Zika virus, which has been tentatively linked to birth defects in infants. Since the Zika virus outbreak, there has been a significant increase in the number of infants born with microcephaly, a rare condition that causes abnormally small… Continue Reading

$10.1 Million Verdict in Hospital Negligence, Delayed Diagnosis Case Involving Young Boy with Meningitis

In a recent medical malpractice case involving delayed diagnosis, a jury awarded a $10.1 million verdict to a mother who brought suit on behalf of her nearly 7-year-old son. The young boy was only 11-months old when he suffered neurological impairment, hearing loss, and development and learning disabilities after emergency room physicians at a Philadelphia hospital failed… Continue Reading

“Concussion” Film Release Drives National Discussion about Football Head Injuries

As Will Smith’s latest film Concussion premiered in theaters on Christmas Day, the subject matter sparked a national conversation about head injuries for football players. Although the film focused on head trauma and the resulting consequences for adult professional athletes, recent data shows that the American public is concerned with these issues for young football players as… Continue Reading

Jury Finds in Favor of Woman in Defective Medical Device Case

A recent case in Philadelphia resulted in a multi-million dollar settlement for a woman who filed a product liability lawsuit against Johnson & Johnson (J&J) after experiencing complications allegedly caused by J&J’s Prolift pelvic mesh. The case in question involved plaintiff Patricia L. Hammons, who claimed to have suffered serious medical problems after implantation of the Prolift pelvic mesh, which… Continue Reading

Court Holds Doctor and Radiologist Responsible for Failure to Diagnose Bone Cancer

After a lengthy legal battle, a jury in Philadelphia awarded $1.4 million to the surviving son of a man who died from a rare form of bone cancer. The man’s son had filed a wrongful death lawsuit against a physician and several radiologists, alleging that their failure to diagnose his father’s cancer ultimately contributed to… Continue Reading

The Fronzuto Law Group is a boutique medical malpractice & product liability law firm with additional specialization in birth injuries and pediatric medical malpractice.

  • Our Firm's Founder, Ernest P. Fronzuto: New Jersey Supreme Court Certified Civil Trial Attorney

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