STORY FROM: Drugs & Medical Devices

Plaintiffs May Not Seek Punitive Damages in Transvaginal Mesh Cases, La. Federal Judge Rules

MONROE, La. — Louisiana law prevents the plaintiffs in two transvaginal mesh actions from seeking punitive damages against Ethicon and Johnson & Johnson because their injuries were sustained in that state and allegedly caused by devices acquired in Louisiana, a federal judge has ruled.

In a Dec. 27 order, Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana rejected the plaintiffs’ argument that New Jersey law applies, ruling that such application would contravene Louisiana law.

Terry Shively underwent implantation of the Gynecare Prolift Pelvic Floor System and the Gynecare TVT Obturator System on May ...

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Butler Snow O’Mara Stevens & Cannada
Herman Herman & Katz
Houck & Riggle
Irwin Fritchie Urquhart & Moore
Loeb Law Firm

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