Philadelphia jury ruled in favor of plaintiff against Johnson and Johnson

Fair Rate FundingDec 26 2015

Fair Rate Funding, a leader in pelvic mesh lawsuit funding, reports a jury verdict in favor of the plaintiff, Patricia Hammons and against defendant, Johnson and Johnson on Monday. A Philadelphia jury ruled Johnson & Johnson (J&J) must pay Patricia Hammons $5.5 million in compensatory damages and $7 million in punitive damages over the defectively designed Prolift pelvic mesh. The matter is cited as: Patricia L. Hammons v Secant Medical, Ethicon, Philadelphia Court of Common Pleas, Case No. 2:13-cv-04086.

Ms. Hammons alleged the implantation of the Prolift mesh caused severe complications including extreme pain during sex. Upon medical examination, the mesh product eroded into her bladder which required multiple revision surgeries causing a shortened vagina according to medical experts. Experts also opined that the revision surgeries were not successful in removing the mesh from the plaintiff's body. Defense counsel placed blame on prior medical conditions such as a previous hysterectomy.

Prolift was removed from the market three years ago.

The trial lasted for two weeks, Plaintiff alleged defective design of the Prolift mesh product, a failure to warn physicians about the potential dangers of its use and manufacturing and marketing negligence.

The jury found in plaintiff's favor on all three counts. Deliberations took less than 24 hours.

The trial verdict was the second to involve the Prolift pelvic mesh product, which was widely distributed to treat incontinence and pelvic organ prolapse. The first Prolift trial resulted in a $11.1 million verdict but the jury failed to find the product defective in its design. The verdict remains under appeal.

The Philadelphia Court of Common Pleas has just under 200 other pelvic mesh product liability lawsuits pending against Ethicon, a division of Johnson & Johnson. The others are scheduled to be heard beginning in 2016. There are approximately 8,000 pelvic mesh cases filed against Ethicon in the New Jersey courts and over 30,000 filed in the Multi-District Litigation (MDL) in West Virginia.

Fair Rate Funding, a New Jersey based lawsuit funding company, specializes in the pre-settlement funding of pelvic (transvaginal) mesh plaintiffs.

"This verdict may have predictive value as to how future trials will play out," said Paul Coppola, President of Fair Rate Funding. "Many legal professionals have commented on how J & J is playing 'hardball' with mesh plaintiffs. Yet, settlement is in everyone's best interests. Perhaps this verdict can assist in finding an acceptable settlement package so that these women can get the relief they deserve."

Fair Rate Funding has worked with thousands of plaintiffs in an effort to secure TV mesh lawsuit funding. These funds are used to help clients pay for ordinary expenses or whatever financial matters arise. There are absolutely no restrictions on the use of the money and no upfront costs to apply.