June 25th, 2019 by Rieders Travis in Products Liability

Verdict against pelvic mesh manufacturer decided under New Jersey law. There were damages and punitive damages. A number of errors were raised under appeal including statute of limitations issue. The court said the statute of limitations issue was one of the jury. The jury had to answer a special verdict question favorable to the plaintiff. Viewing the evidence in the light most favorable to the plaintiff as the court must. The request for JNOV was properly denied. Plaintiff satisfied her burden. Plaintiff reasonably believed that her pain was a risk of the surgery. Because there was conflicting evidence whether she thought the pain was because of the surgery or because of the medical device and the conflict was resolved in her favor by the jury which is appropriate. Court properly excluded FDA evidence and publication about FDA standards. This is also decided, however, under New Jersey law. It looks like all the other issues including punitive damages were decided under New Jersey law. Carlino vs. Ethicon, Pa Super. Ct..