Federal Court Upholds $2.4 Million Award in ObTape Lawsuit

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Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

In recent years there have been hundreds of personal injury lawsuits filed against Mentor, the manufacturer of ObTape, a mesh sling used to treat urinary incontinence. According to a 2009 report in the New York Times, Mentor stopped selling ObTape in 2006 after reports emerged that pieces of the mesh sling were breaking off inside of patients. This rendered the devices ineffective in stopping incontinence and led to a variety of additional side effects, such as chronic bladder inflammation.

Taylor v. Mentor Worldwide LLC

Eventually, more than 800 lawsuits against Mentor, which is now owned by Johnson & Johnson, were consolidated as part of a multi-district litigation (MDL) proceeding here in Georgia. One of the first cases from this MDL to go to trial involved a woman named Teresa Taylor. She specifically accused Mentor of design defects in ObTape.

After a nine-day trial, a jury agreed with Taylor that the ObTape implanted in her “had a design defect that was the legal cause of her injuries.” More precisely, the jury found that Mentor failed to provide Taylor’s doctor “with an adequate warning” about these design defects before or after he implanted the device in her.

The jury awarded Taylor $400,000 in compensatory damages. It also awarded $4 million in punitive damages after finding that Mentor “had a specific intent to harm” Taylor and that the company “was motivated solely by unreasonable financial gain.”

Not surprisingly, Mentor challenged the jury’s verdict. The trial court denied the company’s motion for a new trial. But the judge did agree to cut the amount of punitive damages in half, from $4 million to $2 million. This prompted both sides to appeal to the U.S. 11th Circuit Court of Appeals in Atlanta.

But the 11th Circuit affirmed the trial court’s handling of the case. With respect to Mentor’s request for a new trial, the appeals court said the company’s argument largely focused on the trial judge’s decision to allow one of Taylor’s expert witnesses to testify. Mentor insisted the expert never explained “how much” of the allegedly toxic substance–the broken mesh–was necessary to “create a risk of harm to Taylor.” The appeals court said such testimony was unnecessary, because what the expert actually said was that “all ObTape degrades and that any polypropylene particles it sheds spark a response by the body’s immune system, which leads to inflammation and erosion. In other words, there was no “safe” level of toxicity.

As for the issue of punitive damages, the 11th Circuit noted this case was governed by Florida law. Florida does permit a jury to award punitive damages in cases of “intentional misconduct or gross negligence.” The evidence presented to the jury could support such findings. That being said, there was insufficient evidence that Mentor had the “specific intent to harm Taylor,” as opposed to evidence the company knew that ObTape had a “high incidence of injury.” For this reason, the appeals court said it was appropriate for the trial judge to reduce the actual amount of punitive damages awarded by the jury.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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