Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Product Liability Law & StrategyColumns & DepartmentsLitigationLJN NewslettersProducts Liability

Case Notes

By ljnstaff | Law Journal Newsletters |
September 02, 2017

A $20 Million Pelvic Mesh Verdict

On April 28, a Philadelphia jury awarded the plaintiff in a pelvic mesh lawsuit $20 million, most of it in the form of punitive damages. In Engelman v. Ethicon, C.P. Philadelphia No. 021103888, plaintiff Margaret Engelman complained that she had been implanted with Ethicon's TVT-Secur mesh, which began falling apart just two months later, requiring her to undergo three further surgeries. Portions of the device remain in her body to this day, causing ongoing pain and urinary dysfunction. The manufacturer defended by asserting in its memorandum that Engelman offered no evidence that the harm she suffered was not a known risk to pelvic floor surgeons, and “[u]nder New Jersey law, a manufacturer has no duty to warn of risks that are within the common knowledge of physicians.” This defense did not fly with the jurors, all 12 of whom agreed that the manufacturer was guilty of failure to warn, and that this failure was the cause of Engelman's injuries.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.