First Ethicon Bellwether Trial Underway in New Jersey
Thursday, January 10, 2013
Opening statements have concluded in the first Ethicon/J&J/Gynecare transvaginal mesh trial currently proceeding in New Jersey state court. The case is Gross v. Gynecare Inc. Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City) and involves the Prolift Pelvic Floor Repair System, which has been withdrawn from the market by the manufacturer.
Plaintiff's counsel told the jury that a "poorly tested" medical device was implanted in his client in 2006 and that the product was "dangerous" and "unsafe," and that the warnings for the product were "completely inadequate." Defense counsel told the jury that the Plaintiff wanted and needed treatment for her underlying medical condition, that she and her doctor chose the Prolift product because it was the best and most effective treatment, and that all of the complications suffered by the Plaintiff were known and warned about in the product literature.