The trial in the case of Linda Batiste v. Ethicon came to fruition on April 3, 2014 when a jury awarded Batiste $1.2 Million in compensatory damages. The verdict ended a two and a half week trial that began on March 17, 2014 before Judge Ken Moldberg in the 95th District Court in Dallas, Texas. Batiste was implanted with the Johnson and Johnson TVT-O polypropolene mesh sling to treat stress urinary incontinence which resulted in complications that continue to this day.
This is one of several favorable verdicts to date. Others include the Scott v. C.R. Bard ($5.5 Million verdict); Gross v. Ethicon ($11 Million verdict), and Cisson v. C.R. Bard ($2 Million Verdict). While some mesh manufactures have attempted to settle with plaintiffs, it is yet to be seen whether companies such as Johnson & Johnson and C.R. Bard will continue to defend future cases given these recent verdicts. While Case Funding Inc. continues to provide financial assistance to women suffering from mesh products, Stephen Cerrato, Esq, Counsel for Case Funding Inc. believes that the trend of plaintiff’s verdicts brings mesh victims one step closer to a global resolution. “While the mesh manufacturers have the funds to defend these cases, it seems unlikely they could or would want to sustain continued multi-million dollar verdicts.”
In addition, mesh manufacturers, including Johnson & Johnson, C.R. Bard, Boston Scientific and American Medical Systems, are already slated for additional bellwether trials this year.