N.J. Appellate Court Overturns Plaintiffs’ Verdicts in 2 Pelvic Mesh Cases

TRENTON, N.J. — A New Jersey appellate court has overturned plaintiffs’ verdicts in two pelvic mesh cases targeting devices manufactured by Ethicon Inc. and C.R. Bard, ruling that the judges erred in excluding the FDA 510(k) clearance evidence from both the liability and punitive damages portions of the trials.

In a March 2 opinion, the Superior Court of New Jersey Appellate Division ruled that such evidence has “sufficient probative value” to justify informing the jurors that the devices were reviewed by the FDA under the 510(k) clearance process before defendants brought them to market.

“[W]e have substantial concerns that …