Transvaginal mesh lawsuits filed against Ethicon, Inc. continue to move forward in courts around the U.S., as the country’s first trial involving the Prosima pelvic mesh device got underway last week in Dallas, Texas. According to a report from Law 360.com, the plaintiff in the case claims Ethicon marketed the dangerous mesh implant even though the company was aware that it was associated with a high rate of complications.
“This company had multiple opportunities to stop a product they knew was dangerous but they didn’t because they pushed it for profits,” her attorney told jurors as the trial opened last Tuesday.
According to her filing in the 95th District Court of Dallas, the plaintiff received a Prosima implant in 2012 to treat pelvic organ prolapse. Within a month, she began to experience severe pain and difficulty walking. She continues to suffer pain, chronic inflammation and massive scarring in the pelvis.
During opening statements, the plaintiff’s attorney promised jurors that they would have the opportunity to review internal Ethicon documents detailing the development of the Prosima device, as well as warnings issued by the company’s own experts about the safety risks associated with the implant.
When it was time for Ethicon’s attorney to address jurors, Law360.com noted that little mention was made of the Prosima’s safety record. Instead the defense concentrated on the plaintiff’s purported health issues, telling jurors that her symptoms were the result of “pelvic floor disorder” that was triggered by an injury she suffered at work.
Ethicon’s attorney also asserted that the company’s decision to eventually suspend sales of the Prosima implant was driven by commercial concerns, rather than safety issues. Among other things, the lawyer maintained that regulatory warnings about vaginal mesh complications had caused sales of the implants to plummet.
“This was a business decision by Ethicon in the face of what was happening,” the attorney said. “A business decision.”
Women who were harmed by transvaginal mesh devices marketed by Ethicon or other companies still have time to take legal action. To learn more, please call to discuss your case with a qualified medical device attorney.