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Sign in | Join Search Bloomberg News Print (http://blog.nj.com/business_impact/print.html?entry=/2013/02/post_260.html) (http://connect.nj.com/user/njobloomberg/index.html) By Bloomberg News (http://connect.nj.com/user/njobloomberg/posts.html) on February 28, 2013 at 12:18 PM, updated February 28, 2013 at 12:37 PM A jury today ruled Johnson & Johnson must pay $7.76 million in punitive damages to a woman who previously won a $3.35 million compensatory (http://www.nj.com/business/index.ssf/2013/02/jury_orders_johnson_johnson_pa.html) award for injuries she blamed on the company’s vaginal-mesh device. Jurors in Atlantic City made the award to punish J&J, the world’s largest seller of health-care products. The verdict came in the first of 4,000 lawsuits to go to trial over J&J’s pelvic mesh, including 2,100 in New Jersey. The jury declined to comment on its decision. The total of $11.1 million goes to Linda Gross, a South Dakota nurse who complained of constant pain and underwent 18 operations after J&J’s Gynecare Prolift was implanted to shore up weakened pelvic muscles. Outside the courthouse following today's verdict, Gross said she felt "justice has been served. This sent a message that Johnson & Johnson can never do this again." Gross, who said she still has trouble walking, sitting and standing, added, "on behalf of the other women, I'm very happy to take first to step to help others." On Monday, the panel found that J&J and its Ethicon unit failed to warn her surgeon of the risks of the device and fraudulently misled her about the risks. “Tell them to tell the truth,” Gross attorney Adam Slater argued to jurors on Tuesday. “Make sure you punish them for not telling the truth. Make sure you deter and discourage.” J&J, based in New Brunswick, claimed at trial that Prolift is safe and effective and that the company gave adequate warning of any risks associated with the device. Christy Jones, a J&J attorney, said the company hadn’t acted with wanton and willful disregard to Gross, the legal standard required for punitive damages. ‘Fell Short’ Tweet Tweet 1 8 Like 0 Share Share Foursquare Email Sponsored By: (http://ads.nj.com/RealMedia/ads/click_lx.ads/www.nj.com/business/2013/ (http://ads.nj.com/RealMedia/ads/click_lx.ads/www.nj.com/business/2013/ N.J. State Police trooper admits drunkenly crashing car into creek (http://nj.com/monmouth/index.ssf/2013/03/nj_state_police_troop comments) N.J. pension woes worsen, report says (http://nj.com/politics/index.ssf/2013/03/nj_pension_woes_worse comments) Business Columns Education National Obits Opinion/NJ Voices Politics Star-Ledger Town pages Forums More 5-day | Satellite N.J. NEWS LOCAL NEWS N.J. POLITICS SPORTS H.S. SPORTS ENTERTAINMENT IN YOUR COMMUNITY: JOBS AUTOS REAL ESTATE RENTALS CLASSIFIEDS OBITUARIES FIND N SAVE LOCAL BUSINESSES PLACE AN AD
Transcript of +VSZPSEFST+PIOTPO+PIOTPOQBZ NJMMJPOUP ... · About NJ.com ( Advertise with us ( Contact Us ( Jobs...
35degNew JerseySign in | Join
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0comments
Bloomberg News
Print (httpblognjcombusiness_impactprinthtmlentry=201302post_260html)
(httpconnectnjcomusernjobloombergindexhtml) By Bloomberg News
(httpconnectnjcomusernjobloombergpostshtml)
on February 28 2013 at 1218 PM updated February 28 2013 at 1237 PM
A jury today ruled Johnson amp
Johnson must pay $776 million
in punitive damages to a woman
who previously won a $335
million compensatory
(httpwwwnjcombusinessindexssf201302jury_orders_johnson_johnson_pahtml)
award for injuries she blamed on the companyrsquos vaginal-mesh device
Jurors in Atlantic City made the award to punish JampJ the worldrsquos largest seller of
health-care products The verdict came in the first of 4000 lawsuits to go to trial over
JampJrsquos pelvic mesh including 2100 in New Jersey The jury declined to comment on its
decision
The total of $111 million goes to Linda Gross a South Dakota nurse who complained of
constant pain and underwent 18 operations after JampJrsquos Gynecare Prolift was implanted
to shore up weakened pelvic muscles
Outside the courthouse following todays verdict Gross said she felt justice has been
served This sent a message that Johnson amp Johnson can never do this again Gross
who said she still has trouble walking sitting and standing added on behalf of the
other women Im very happy to take first to step to help others
On Monday the panel found that JampJ and its Ethicon unit failed to warn her surgeon of
the risks of the device and fraudulently misled her about the risks
ldquoTell them to tell the truthrdquo Gross attorney Adam Slater argued to jurors on Tuesday
ldquoMake sure you punish them for not telling the truth Make sure you deter and
discouragerdquo
JampJ based in New Brunswick claimed at trial that Prolift is safe and effective and that
the company gave adequate warning of any risks associated with the device Christy
Jones a JampJ attorney said the company hadnrsquot acted with wanton and willful disregard
to Gross the legal standard required for punitive damages
lsquoFell Shortrsquo
Jury orders Johnson amp Johnson pay $11 million toplaintiff in vaginal mesh lawsuit
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(httpadsnjcomRealMediaadsclick_lxadswwwnjcombusiness201302post_260htmlL19258382636RectangleNJONLINECushmanW02_NJ_Bus_Multisc1336730921805html524d646f336c453161686f4143656c43)
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crashing car into creek
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comments)
411(httpnjcommonmouthindexssf201303nj_state_police_trooper_admits_drunkenly_crashing_car_into_creekhtmlcommentsincart_most-comments)
NJ pension woes worsen report says
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comments)
405(httpnjcompoliticsindexssf201303nj_pension_woes_worsen_reporthtmlcommentsincart_most-comments)
Business Columns Education National Obits OpinionNJ Voices Politics Star-Ledger Town pages Forums More
5-day | Satellite
NJ NEWS LOCAL NEWS NJ POLITICS SPORTS HS SPORTS ENTERTAINMENT
IN YOUR COMMUNITY JOBS AUTOS REAL ESTATE RENTALS CLASSIFIEDS OBITUARIES FIND N SAVE LOCAL BUSINESSES PLACE AN AD
ldquoI understand that you have found that we could have done a better job and that we in
fact fell shortrdquo Jones said Tuesday ldquoMy clients understand that We hear you I
promise yourdquo
Jones said that ldquowhile I confess to you from the bottom of my heart that it hurts and
wersquore disappointed in the verdict we nonetheless appreciate what you have said and
recognize and respect your verdictrdquo
Grossrsquos attorneys called a forensic economics expert Frank Tinari to testify about
JampJrsquos finances Tinari said JampJ had assets of $1213 billion and a net worth of $648
billion through Dec 31 Advertising and marketing expenses were $209 billion last
year or $57 million a day he said
Under questioning by Grossrsquos attorney David Mazie Tinari said that every 45 minutes
the company spends the equivalent of the $335 million award to Gross on marketing
and advertising
A JampJ manager of financial reporting Mark Schneider testified his analysis of Prolift
sales from 2005 through 2012 showed the total was $128 million and profit was $56
million
Company Document
On cross-examination Mazie suggested Schneiderrsquos calculations were unreliable and
underreported sales He showed Schneider a company document saying sales in the first
half of 2008 were $55 million Schneider said he hadnrsquot seen it
In his summation Slater went through e-mails memos and video depositions including
one of the devicersquos creator Axel Arnaud Slater said Arnaud contradicted Ethiconrsquos
statement that Prolift posed ldquorare and small risksrdquo of complications
ldquoI have given you 100 percent irrefutable evidence that you cannot reasonably say no
tordquo Slater said ldquoThis is clear and convincing evidence This is irrefutablerdquo
Jones said Ethicon tried to teach surgeons how to minimize the risk to patients and
sought through ldquoinstructions for userdquo to warn of the risks
lsquoThatrsquos Humanrsquo
The evidence doesnrsquot show ldquoJampJ or Ethicon did not care about hurting women And
thatrsquos what the charge isrdquo Jones told jurors her hands held as if in prayer ldquoIrsquom asking
you indeed Irsquom begging you to think about what was done and whyrdquo
In his summation Slater said ldquoThey stood in front of you and said wersquore begging you
Wersquore begging you Every single day Linda Gross begs to be out of the prison that shersquos
in of pain and all the things that have happened to her every damn day Thatrsquos human
Thatrsquos realrdquo
Mazie said JampJ is a ldquobig giantrdquo and jurors must send a ldquoloud messagerdquo to punish the
company for its conduct
ldquoItrsquos for each and every one of you to send a message to them that this can never ever
happen again because life and health is at riskrdquo Mazie said ldquoYou can send a message to
Johnson amp Johnson and Ethicon and tell them no more no more no morerdquo
Star-Ledger staff writer Alexi Friedman contributed to this report
Follow Follow ledgerbizledgerbiz
(httpwwwnjcombusiness)
MORE BUSINESS NEWS (httpwwwnjcombusiness)(httpwwwnjcombusiness)
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See more comments raquo
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Newark Public Schools eliminates more
than 100 administrative positions
(httpnjcomnewsindexssf201303public_newark_schools_eliminathtmlincart_most-
comments)
290(httpnjcomnewsindexssf201303public_newark_schools_eliminathtmlcommentsincart_most-comments)
Opinion NRA knows that fear sells guns
(httpnjcomtimes-
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comments)
267(httpnjcomtimes-opinionindexssf201303opinion_nra_knows_that_fear_sehtmlcommentsincart_most-comments)
Brunt of federal cuts to hit NJ with
furloughs airport slowdowns and court
closures
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comments)
222(httpnjcomnewsindexssf201303brunt_of_federal_cuts_to_hit_nhtmlcommentsincart_most-comments)
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(httpwwwnjcomhssportsblogwrestlingindexssf201303wrestling_2013_njsiaa_state_championships_pairingshtmlincart_hbxincart_best-of) Brackets for NJ HS wrestlingtourney are out(httpwwwnjcomhssportsblogwrestlingindexssf201303wrestling_2013_njsiaa_state_championships_pairingshtmlincart_hbxincart_best-of)
(httpphotosnjcom4505galleryhoboken_lepre-con_2013_indexhtmlincart_hbxincart_best-of) PHOTOS Hobokens Lepre-Con(httpphotosnjcom4505galleryhoboken_lepre-con_2013_indexhtmlincart_hbxincart_best-of)
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ldquoI understand that you have found that we could have done a better job and that we in
fact fell shortrdquo Jones said Tuesday ldquoMy clients understand that We hear you I
promise yourdquo
Jones said that ldquowhile I confess to you from the bottom of my heart that it hurts and
wersquore disappointed in the verdict we nonetheless appreciate what you have said and
recognize and respect your verdictrdquo
Grossrsquos attorneys called a forensic economics expert Frank Tinari to testify about
JampJrsquos finances Tinari said JampJ had assets of $1213 billion and a net worth of $648
billion through Dec 31 Advertising and marketing expenses were $209 billion last
year or $57 million a day he said
Under questioning by Grossrsquos attorney David Mazie Tinari said that every 45 minutes
the company spends the equivalent of the $335 million award to Gross on marketing
and advertising
A JampJ manager of financial reporting Mark Schneider testified his analysis of Prolift
sales from 2005 through 2012 showed the total was $128 million and profit was $56
million
Company Document
On cross-examination Mazie suggested Schneiderrsquos calculations were unreliable and
underreported sales He showed Schneider a company document saying sales in the first
half of 2008 were $55 million Schneider said he hadnrsquot seen it
In his summation Slater went through e-mails memos and video depositions including
one of the devicersquos creator Axel Arnaud Slater said Arnaud contradicted Ethiconrsquos
statement that Prolift posed ldquorare and small risksrdquo of complications
ldquoI have given you 100 percent irrefutable evidence that you cannot reasonably say no
tordquo Slater said ldquoThis is clear and convincing evidence This is irrefutablerdquo
Jones said Ethicon tried to teach surgeons how to minimize the risk to patients and
sought through ldquoinstructions for userdquo to warn of the risks
lsquoThatrsquos Humanrsquo
The evidence doesnrsquot show ldquoJampJ or Ethicon did not care about hurting women And
thatrsquos what the charge isrdquo Jones told jurors her hands held as if in prayer ldquoIrsquom asking
you indeed Irsquom begging you to think about what was done and whyrdquo
In his summation Slater said ldquoThey stood in front of you and said wersquore begging you
Wersquore begging you Every single day Linda Gross begs to be out of the prison that shersquos
in of pain and all the things that have happened to her every damn day Thatrsquos human
Thatrsquos realrdquo
Mazie said JampJ is a ldquobig giantrdquo and jurors must send a ldquoloud messagerdquo to punish the
company for its conduct
ldquoItrsquos for each and every one of you to send a message to them that this can never ever
happen again because life and health is at riskrdquo Mazie said ldquoYou can send a message to
Johnson amp Johnson and Ethicon and tell them no more no more no morerdquo
Star-Ledger staff writer Alexi Friedman contributed to this report
Follow Follow ledgerbizledgerbiz
(httpwwwnjcombusiness)
MORE BUSINESS NEWS (httpwwwnjcombusiness)(httpwwwnjcombusiness)
TweetTweet 1 0ShareShare Foursquare EmailLike 8
(httpadsnjcomRealMediaadsclick_lxadswwwnjcombusiness201302post_260htmlL191003281548RectangleBelowNJONLINEGebroeHammer01_NJ_Bus_MultiGebroeRect-
0208html524d646f336c453161686f4143656c43)
See more comments raquo
(httpwwwnjcominteract)
Newark Public Schools eliminates more
than 100 administrative positions
(httpnjcomnewsindexssf201303public_newark_schools_eliminathtmlincart_most-
comments)
290(httpnjcomnewsindexssf201303public_newark_schools_eliminathtmlcommentsincart_most-comments)
Opinion NRA knows that fear sells guns
(httpnjcomtimes-
opinionindexssf201303opinion_nra_knows_that_fear_sehtmlincart_most-
comments)
267(httpnjcomtimes-opinionindexssf201303opinion_nra_knows_that_fear_sehtmlcommentsincart_most-comments)
Brunt of federal cuts to hit NJ with
furloughs airport slowdowns and court
closures
(httpnjcomnewsindexssf201303brunt_of_federal_cuts_to_hit_nhtmlincart_most-
comments)
222(httpnjcomnewsindexssf201303brunt_of_federal_cuts_to_hit_nhtmlcommentsincart_most-comments)
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(httpwwwnjcomnewsindexssf201303storm_could_bring_high_winds_chtmlincart_hbxincart_best-of) Big storm will bring coastalflooding(httpwwwnjcomnewsindexssf201303storm_could_bring_high_winds_chtmlincart_hbxincart_best-of)
(httpwwwnjcomhssportsblogwrestlingindexssf201303wrestling_2013_njsiaa_state_championships_pairingshtmlincart_hbxincart_best-of) Brackets for NJ HS wrestlingtourney are out(httpwwwnjcomhssportsblogwrestlingindexssf201303wrestling_2013_njsiaa_state_championships_pairingshtmlincart_hbxincart_best-of)
(httpphotosnjcom4505galleryhoboken_lepre-con_2013_indexhtmlincart_hbxincart_best-of) PHOTOS Hobokens Lepre-Con(httpphotosnjcom4505galleryhoboken_lepre-con_2013_indexhtmlincart_hbxincart_best-of)
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return_to=http3A2F2Fwwwnjcom2Fbusiness2Findexssf2F20132F022Fpost_260html)
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0 comments so far
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Add Your Comment
There are no comments on this story yet
(httpwwwadvancedigitalcom)
Registration on or use of this site constitutes acceptance of our User Agreement (httpwwwnjcomuseragreement) and Privacy Policy
(httpwwwnjcomprivacypolicy) (Revised November 1 2011)
copy 2013 New Jersey On-Line LLC All rights reserved (About Us (httpwwwnjcomaboutus))
The material on this site may not be reproduced distributed transmitted cached or otherwise used except with the prior written permission of
New Jersey On-Line LLC
Community Rules (httpwwwnjcomforumsindexssfruleshtml) apply to all content you upload or otherwise submit to this site Contact
interactivity management (httpwwwnjcomcontactusinteractivityssf)
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