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$7.7 Million in Punitive Damages Awarded in Trans Vaginal Mesh Implant Lawsuit

$7.7 Million in Punitive Damages Awarded in Trans Vaginal Mesh Implant Lawsuit

$7.7 Million in Punitive Damages Awarded in Trans Vaginal Mesh Implant Lawsuit

In a recent case against Ethicon, a division of Johnson & Johnson, a woman was awarded over $5 million in damages for her pain and suffering as a result of complications associated with the transvaginal mesh implant she surgically received a few years ago. This past week, the jury reconvened to assess the possibility of punitive damages, and they returned a $7.7 million award for the woman.

Punitive damages are a form of award assessed after a plaintiff has already been awarded compensatory damages, which are directly related with the injury suffered. Punitive damages serve a purpose of deterring defendants from acting in a particular way in the future. They are supplemental to the compensatory damages because a jury feels that those types of damage awards are sometimes not enough to send a message to the defendants regarding their behavior. In order to award punitive damages to a plaintiff, a jury must find that the defendant had actual intent to cause harm (or malice), rather than mere negligence. It must be shown that the defendant not only had a duty and breached that duty (causing harm by its negligence), but also that that breach of duty was grounded in intent to actually cause the harm. This is a very high burden of proof to meet.

In this case, the jury had to have found that Ethicon had acted with the intent to actually harm its consumers, or else punitive damages would not have been awarded. The evidence in this case had to have sufficed in enabling the jury to deduce this conclusion. For the future, Ethicon and Johnson & Johnson will hopefully be deterred from placing an unsafe product like the trans vaginal mesh implant on the market in the future, and if it is to keep it on the market for consumption, then it would be wise to correct the source of the medical complications and reconstruct a safe, risk-free product for the thousands of women that may need it and opt to have it surgically implanted.

If you have been implanted with this device and have experienced medical complications as a result, it is extremely important that you speak with an attorney. Our attorneys enjoy a reputation as top plaintiff's litigators who help their clients recover financial compensation for injuries. If you have a claim, please contact us at (314) 436-9958 or (800) 391-4318 to schedule a no-obligation meeting with an attorney.

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**The information on this St. Louis personal injury website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.**


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