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$13.7 M Jury Verdict Upheld on Appeal - Defective Transvaginal Mesh Causing Painful Sex

This week a Philadelphia intermediate Appellate Court denied an appeal filed by Johnson & Johnson to overturn a jury verdict punishing it with compensatory and punitive damages for the harm it caused Sharon Carlino with its transvaginal mesh implant. Ms. Carlino had a mid-urethral sling device implanted to address urinary incontinence. It was claimed by Ms. Carlino (and many other women) that the device was negligently designed and caused her to suffer permanent pain during sex.

The jury agreed that the mesh was defective because its pores were too small, it had a tendency to degrade/erode and it was overly friable. After a 14 day trial last February, the jury awarded Ms. Carlino $3,250,000 million in compensatory damages; $250,000 to her husband for loss of sexual services; $10,000,000 in punitive damages; and, $240,000 in delay damages. The Court strongly disagreed with Johnson & Johnson's argument that there was insufficient evidence put before the jury of its wanton and willful disregard for plaintiff's safety. It said: "The jury was free to determine that Ethicon (J & J) provided warnings so deliberately misleading as to warrant the imposition of punitive damages."

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the state. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ronald is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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