TVM Jury Awards Punitive Damages

Posted by Kim Truongle

March 1, 2013 – The jury that awarded a transvaginal mesh Plaintiff a $3.35 million verdict this week in New Jersey tacked on an additional $7.76 million award for punitive damages against the manufacturer Defendants.  

What are punitive damages?

Punitive damages are damages awarded to serve two purposes.  One, punitive damages are intended to punish the Defendants for wrongdoing and the wanton disregard of the Plaintiff’s rights.  Two, punitive damages are exemplary damages, or damages meant to set an example and deter similar wrongdoing by others.

 Does that mean my case will gross millions of dollars?

No.  The amount of this verdict has NO bearing on the value of individual cases.  Furthermore, although the Judge overseeing the New Jersey trial is a well-respected and highly regarded Judge, the likelihood of appeal is still high.

 What does this punitive damages verdict mean for my individual case?

The real impact this verdict has on the individual cases is that it is a weight that can push these particular Defendants to come to the negotiating table.  This does not mean they will settle the cases immediately, but it is a force that may push them towards negotiations sooner than later.

For additional questions on your TVM case, please call us at (800) 269-3050.

AN UPDATE ON THE TRANSVAGINAL MESH CASES

By Kim Truongle –

December 6, 2012 – There are transvaginal mesh cases against many manufacturers moving forward across the country.

Johnson & Johnson pulled some of its mesh products off the market earlier this year. State-court cases against Johnson & Johnson are set to begin in New Jersey early next year.

The first MDL trial against the Bard Defendants is currently set for Spring of 2013. Earlier this year, there was a substantial amount of buzz surrounding a California Bard trial. It is important to be cautious of information on the internet and in the press regarding that trial. There were specific and unusual facts in that case that led to the outcome. Although there will be some indirect effect on our cases from that California trial, it is important to not assume that that the outcome there is an indicator of how any particular case may end up.

A new MDL was created in recent months in the Southern District of West Virginia, adding to the four other mesh MDLs already established in this court. The new MDL governs federal cases relating to the manufacturer Coloplast. We have filed cases in the Southern District of West Virginia and are active in this court system.

The Southern District of West Virginia Judge overseeing all mesh MDL cases has set forth strict Orders regarding requirements and deadlines that must be met. We are contacting our clients if any of those deadlines happen to apply to her individual case. It is important to note that there are key statements regarding what must be provided to the Defendants in these cases, and one of the most interesting items relates to the internet and social media. Anything a Plaintiff posts online, including onto social media sites such as Facebook or Twitter, and which relates to her experience with her mesh, must be saved and provided to the Defendants. Therefore, it is important that anyone involved in these cases be mindful before making any online post.

Meanwhile, we are diligently working on behalf of our transvaginal mesh clients, and we are handling each case on an individual basis. This process can take time, and it is normal for there to be seeming lulls in the individual case process as we investigate additional developments in the general cases. Clients and potential clients are always welcome to phone our office directly at (800) 269-3050 for more information. Our national pharmaceutical litigation firm has a dedicated team of attorneys, paralegals, and case managers actively working on the transvaginal mesh cases.