STORY FROM: Drugs & Medical Devices
7th Cir. Upholds $20 Million Judgment in Ethicon Prolift Pelvic Mesh Case
January 15, 2020
CHICAGO – A federal appeals court has upheld a $20 million judgment in a Prolift transvaginal mesh action, holding that under Indiana law, the plaintiffs were not required to present evidence of a cost-effective alternative design to prevail on their design defect claim.
In a Jan. 14 opinion, the 7th Circuit U.S. Court of Appeal further found the evidence supported the jury’s finding that the Prolift device created risks beyond the expectations of ordinary pelvic-floor surgeons, and that Ethicon’s inadequate warnings caused the plaintiffs’ injuries.
Dr. Gregory Bales implanted Indiana resident Barbara Kaiser with the Prolift Anterior Pelvic Floor Repair ...