Ethicon Seeks High Court Review In $3M Pelvic Mesh Suit

Law360, Los Angeles (May 26, 2017, 9:29 PM EDT) -- Johnson & Johnson subsidiary Ethicon Inc. has asked the U.S. Supreme Court to review a Fourth Circuit decision upholding a $3.27 million jury verdict in a bellwether trial over the company's allegedly harmful pelvic mesh, saying the appellate court misunderstood precedent in allowing the exclusion of certain product review evidence.

The suit, brought by plaintiff Jo Huskey, is one of the tens of thousands of cases involving J&J’s surgical mesh products and was the first bellwether case to go to trial in a massive multidistrict litigation against Ethicon.

The district court had prevented Ethicon from using the Food and Drug Administration’s...

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