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An Indianapolis-based law firm plans to appeal a jury verdict issued in New Jersey for a lawsuit that alleged a medical device used to repair hernias causes life-threatening complications.
Cohen & Malad LLP finished trial last week for a case that was heard in the Superior Court of New Jersey Law Division Atlantic County.
The firm represented Kentucky woman Theresa Blakely, who filed the lawsuit against LifeCell Corporation, Allergan Inc. and Allergan USA Sales Inc.
She was diagnosed with a recurrent ventral hernia a year after having a Strattice mesh device implemented.
According to Law360, a jury cleared LifeCell of liability on March 22.
Judge John C. Porto filed an order on March 18 partially granting the defendant’s motion for summary.
The defendants’ motion for a direct verdict was granted as to count two of Blakely’s complaint. Count two was dismissed with prejudice.
All other motions for directed verdict on the other counts of the complaints were denied.
Cohen & Malad stated to Indiana Lawyer that the firm plans to appeal the decision.
“We are certainly disappointed we were not able to secure justice for our client at trial. But trial is just the first step in the process and we plan to continue fighting for her,” Cohen & Malad Partner Ned Mulligan said in a statement.
David W. Field, an attorney representing the medical device makers, declined to comment.
The case is among dozens of Strattice-related lawsuits centralized and coordinated under Porto for discovery and pre-trial purposes.
However, each lawsuit is a separate case.
The case is In Re Strattice Hernia Mesh Litigation: Theresa Blakely v. Lifecell Corp., et al., ATL-L-1214-22.
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