Posted by Buck Daniel
August 7, 2012 – Federal judges in Mississippi have upheld a decision that grants victory to Johnson & Johnson in a case where the company’s transvaginal mesh product caused severe injuries. In this decision the court ruled that the plaintiff’s doctor would have still implanted the defective device even had he known of the dangers associated with the Johnson & Johnson product. The ruling was based upon the “learned intermediary doctrine,” which prevents a plaintiff from recovering for an injury if a physician knew about a product’s risks but used it anyway. The court further ruled that two of the plaintiff’s medical experts did not qualify to be heard because their opinions related directly to the injuries of the plaintiff and did not speak to the warning, or more accurately the lack of warning, that Johnson & Johnson issued.
