Big update in the pelvic mesh lawsuits and it is not a good one. A Texas jury yesterday found for Johnson & Johnson’s (J&J) Ethicon division in a pelvic mesh claim. Twelve Dallas jurors found that the Prosima pelvic mesh, given to women who suffer from pelvic organ prolapse, was not defective in its design, and that J&J did not fail to properly inform doctors of the risks and problems associated with this product. It was no slam dunk. Unlike a lot of states, Texas does not require an unanimous verdict in civil cases. So a 10-2 vote was good enough for J&J to eke out a win.
It is just one case, but I’m not going to lie, this was one the Plaintiffs’ wanted to win. I’ll be honest about something else. I’m surprised J&J let this case go to trial. They have been picking off cases to avoid a bellwether effect on settlement value that is going to wildly increase the expectations of Plaintiffs and make these cases that much harder to settle. On this one, they gambled and won.