Tennessee resident files lawsuit claiming mesh device system is defective
A Tennessee resident has filed a lawsuit against the manufacturers of a mesh device system claiming that the product left her with serious complications.
Betty A. Greene filed suit against Johnson & Johnson Inc. and Ethicon Inc. on Feb. 15 in the Eastern District of Texas, Beaumont Division.
The defendants' product at issue is the Gynecare Prolift and Gynecare TVT, which are designed to treat pelvic organ prolapse and stress urinary incontinence.
In order to treat her pelvic organ prolapse and stress urinary incontinence, Greene was implanted with the product in July 2007 in at Lakeway Regional Hospital in Morristown, Tenn.
"Defendants' products have high failure, injury, and complication rates, failed to perform as intended, requires frequent and often debilitating re-operations, and has caused severe and irreversible injuries, conditions and damage to a significant number of women, including Plaintiff," the lawsuit states.
Greene argues that the defendants should have known that the products were insufficiently tested, that they were defectively designed and manufactured, lacked adequate warnings and were negligently and recklessly advertised and sold.
Causes of action filed against the defendant include negligence, strict liability, breach of implied and express warranty, and fraudulent misrepresentation.
The lawsuit was filed as a potential tag-along case to the multidistrict litigation pending in the Southern District of West Virginia (MDL 2327).
The plaintiff is asking the Court for an award of damages for mental and physical pain and suffering, permanent injury, medical expenses, financial or economic loss, lost wages, punitive damages, attorney's fees, interest, court costs and delay damages.
Greene is represented by Scott A. Love and W. Michael Moreland of Clark, Burnett, Love & Lee GP in Houston and Derek H. Potts, Timothy L. Sifers and Bret A. Clark of The Potts Law Firm in Kansas City, Mo.
A jury trial is requested.
U.S. District Judge Marcia A. Crone is assigned to the case.
Case No. 1:12-cv-00072