The jury had previously ruled that the TVT-Secur device was defective in design and that the company did not appropriately warn pelvic floor surgeons of the risks of using the device, but the same jury also found that neither the warnings or defect caused injuries to the plaintiff.
In a five-page opinion, Judge Michael Erdos ordered a new trial that will re-examine the entirety of the case.
“Upon further examination of the issue, the Court now believes that a new trial should not be limited to the issues of compensatory and punitive damages. Rather, the new trial must also involve re-litigation on the issue of Appellants’ liability for design defect.”
The re-hearing was due to an “inadequate verdict,” as experts from both sides of the trial agreed that the “defendant’s negligence” caused injuries to the plaintiff, and the jury ruled in opposition to the expert opinions, according to court documents.
“Here, both Appellee’s Expert, Dr. Bruce Rosenzweig, and Appellee’s (non-retained) treating physician, Dr. Andrew Hundley, testified that the TVT-Secure caused Appelee much harm, including sharp pain during sexual intercourse, burning, irritation and a feeling of rawness. Significantly, even Appellants’ expert, Dr. John Wagner, conceded that the mesh caused injury to Appellee, necessitating explant surgery,” court documents read.
Details on the new trial have not yet emerged.
In July, a Pennsylvania state court judge overturned part of a jury verdict that gave Ethicon its first win in five pelvic mesh trials in Philadelphia.