Law360: J&J, Bard US$83M Pelvic Mesh Verdicts Overturned
March 2, 2021
After a New Jersey appeals court issued a favorable ruling for Johnson & Johnson and C.R. Bard that reversed more than US$80 million in previously awarded damages, the case may be headed for the New Jersey Supreme Court, Law360 reported. At issue was evidence of the companies’ FDA Section 510(k) clearance for pelvic mesh medical devices, which trial courts previously declared inadmissible, a decision the appeals bench believed amounted to wrongful exclusion.
The appellate panel deemed the trial court’s evidence ban “was unfairly and repeatedly capitalized upon by plaintiffs' counsel at both trials, in a manner that easily could have given the jurors a skewed impression of the totality of circumstances.”
O’Melveny partner Stephen D. Brody and counsel Jason Zarrow advised Johnson & Johnson on the matter.
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