Ella Ebaugh, a resident of Pennsylvania, knows about pain. She was diagnosed with stress urinary incontinence (SUI) in 2005. In 2007, Mrs. Ebaugh did as many women: she trusted that pelvic mesh implants would fix the problem. Also like many women, Mrs. Ebaugh discovered that the mesh devices – these made by Johnson & Johnson’s Ethicon division – caused more problems than they solved. Problems that ultimately lead Mrs. Ebaugh to sue J&J. Earlier this month, a jury in Philadelphia awarded Mrs. Ebaugh $57.1M.
Ella Ebaugh, a resident of Pennsylvania, knows about pain. She was diagnosed with stress urinary incontinence (SUI) in 2005. In 2007, Mrs. Ebaugh did as many women: she trusted that pelvic mesh implants would fix the problem. Also like many women, Mrs. Ebaugh discovered that the mesh devices – these made by Johnson & Johnson’s Ethicon division – caused more problems than they solved. Problems that ultimately lead Mrs. Ebaugh to sue J&J. Earlier this month, a jury in Philadelphia awarded Mrs. Ebaugh $57.1M.
According to the Mayo Clinic, “stress [urinary] incontinence happens when physical movement or activity — such as coughing, sneezing, running or heavy lifting — puts pressure (stress) on your bladder. Stress [urinary] incontinence is not related to psychological stress.”
Mrs. Ebaugh underwent two mesh implants to treat her SUI. One was Ethicon’s TVT-Secur and the other, Ethicon’s TVT. A few years after getting the implants, Mrs. Ebaugh began having “excruciating pain” in her pelvic region. The mesh had eroded into her urethra.
She underwent three separate surgeries to have the mesh removed. During her recovery from one of those surgeries, Mrs. Ebaugh saw a television commercial dealing with eroding pelvic mesh implants. After doing some research, she decided to file suit. Her lawyer, Kila Baldwin of Kline & Specter, said that thousands of women have undergone pelvic mesh implantation.
The trial, which took one month, resulted in J&J being hit with the $57M verdict. According to Ms. Baldwin, $7M of that amount is compensatory damages due to “negligent design and strict product liability design defect.” The other $50M is in punitive damages, meant to send J&J/Ethicon a deterrent message.
In an interview with the York Daily Record, Mrs. Ebaugh said of the verdict, “I never thought this day would come.” However, J&J, as expected, said it intends to appeal the verdict, which means Mrs. Ebaugh will not receive any money anytime soon.
J&J/Ethicon spokesperson Kristen Wallace told Philly.com, “We believe the evidence showed Ethicon’s TVT and TVT-Secur devices were properly designed, Ethicon acted appropriately and responsibly in the research, development and marketing of the products, and the products were not the cause of the plaintiff’s continuing medical problems.”
However, some evidence admitted during the trial showed that J&J “intentionally manipulated the literature regarding problems with the products and withheld information about complications and injures from doctors.” Ms. Baldwin also highlighted internal company emails that helped the jury find in favor of Mrs. Ebaugh.
For her part, Mrs. Ebaugh’s life will never be the same. Even a $57M verdict won’t end the pain she experiences each day, nor will it eliminate the huge impact mesh has had on her life.
“A lot of days, I can’t get out of bed. I struggle every day. I will struggle with that pain every day for the rest of my life,” she said. “Yes, I will wear diapers the rest of my life. Yes, I can’t be intimate with my husband. Yes, I’m depressed. These are things I will carry with me for the rest of my life.”
Mrs. Ebaugh, a mother of four, has the full support of her husband and children. Rather than focus on the challenges of her situation, she is trying to be positive and create a new “normal” version of life. Things such as family gatherings and her 16-year-old son’s baseball and football games are her focus. Even these things are not without challenge, though.
As she said, she is “chained to a bathroom,” and must make sure she sits near one at her son’s games. Mrs. Ebaugh needs a special chair for visits to her mother and must also carry a diaper bag.
Though her husband, Marvin, and her four kids are very supportive, Mrs. Ebaugh chose to keep them away from the courtroom during the trial. She simply didn’t want them exposed to what J&J’s defense attorneys had to say.
After the verdict, Mrs. Ebaugh said, “I’m just glad Johnson & Johnson is finally getting their hand smacked when it should be. They’re doing things seriously hurting and harming women everywhere.”
Join the conversation!