A jury in the U.S. District Court for Southern West Virginia originally awarded Jo Huskey and her husband damages of $3.3 million, finding in September 2014 that the TVT-O transvaginal sling caused her injuries and that the company failed to warn about the stress urinary incontinence treatment’s risks.
A federal judge later shot down Ethicon’s bid to overturn the verdict and denied the company’s move for a new trial; Ethicon then appealed to the U.S. Court of Appeals for the 4th Circuit. In January a 3-judge panel at the 4th Circuit denied that appeal, ruling that the Huskeys had proved their case.
That prompted a petition for certiorari from the Supremes in May, with Ethicon alleging that the appellate court improperly excluded product review evidence after misreading the relevant precedent.
Yesterday the high court denied certiorari with no explanation.