Gross v. Gynecare: Linda Gross’s Successful Claim for Pain and Suffering from Prolift Transvaginal Mesh

December 27, 2013

Linda Gross, a 47-year-old nurse, sued Johnson and Johnson (J&J) for their Ethicon unit called the Prolift. This Transvaginal mesh device is used to help lift and strengthen weakened muscled in the pelvic area. It is inserted up through the vagina and was originally thought to be a good aid for pelvic organ prolapse. However, further investigation has discovered painful and long lasting effects from this device.

The jury of Superior Court of Atlantic County, New Jersey ordered J&J to pay $3.5 million in this first of 2,100 lawsuits over this device and now weighs the punitive damages that may reach up to $16.75 million. In this lawsuit Gross v. Gynecare Inc. Gross complained of having constant pain. She explains that it is uncomfortable to sit and the chronic pain causes her to be “fearful of dying because this pain is so bad.” Because of this device Gross has undergone 18 operations after the implantation of this mesh device. She has had more than 400 visits to doctors and physical therapists for exams, test, and treatment. She has now had 20 prescriptions for medications to help with these pelvic problems.

In her testimony Gross states that she would not have chosen Prolift is she had been aware of the risks. Her lawyer Adam Slater argued that company emails and documents show that Ethicon knew this device would harden, become exposed through the vaginal skin and cause pain and harm in the patients. The verdict: J&J and Ethicon failed to tell physicians and women the full truth about the catastrophic complications which may result from this Prolift Vaginal Mesh. As a result of this trial the jury awarded Gross $1.1 million for pain and suffering; $180,000 for lost wages; $500,000 for future lost wages; $385,000 for past medical treatment; $1 million for future treatment; and $180,000 for her husband’s loss of companionship and conjugal affections.

Legal Commentary
The complications caused by this device have left many women suffering from time consuming recoveries, large medical bills, lost wages, and many other issues. From a civil standpoint, our firm has represented numerous victims and families of victims from the complications of the Transvaginal mesh device. If you or a loved one has experienced any of these problems because of an implanted or removed TV Mesh, we encourage you to consult with one of our TV Mesh attorneys as soon as possible. A successful civil claim pursued against the responsible party will ensure the victims are not burdened with these costly medical expenses, and will hopefully compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead TV Mesh lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing Transvaginal mesh victims and families harmed by dangerous implantations on a nationwide basis. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.

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