Jefferson Parish woman sues J&J over allegedly defective vaginal mesh

Michelle Keahey Mar. 2, 2012, 3:40am

NEW ORLEANS - A Jefferson Parish woman has filed a lawsuit against Johnson & Johnson over an allegedly defective vaginal mesh which is used to treat pelvic organ prolapse and stress urinary incontinence.

Donna and Leon Loustaunau filed suit against Ethicon Inc., Ethicon Women's Health & Urology, Gynecare and Johnson & Johnson on Feb. 22 in federal court in New Orleans.

Donna Loustaunau underwent surgery in August 2006 in which she was implanted with the Gynecare Prolift and Gynecare TVT, the suit claims.

Loustaunau states that she has suffered injury and damages as a result of the medical device.

The Food and Drug Administration issued a warning regarding vaginal mesh products in 2008 that stated women were suffering severe complications, which required additional surgery to remove the device.

The defendants are accused of providing a product that was unreasonably dangerous in construction, composition, design, with inadequate warnings and with nonconformity to express warranties.

The plaintiffs argue that the defendants are liable under the Louisiana Products Liability Act and are in violation of the Louisiana Unfair Trade Practices Act and negligent misrepresentation.

Loustaunau is asking for an award of $10 million in damages for loss of earnings, medical expenses, nursing and rehabilitative care expenses, loss of earning capacity, pain and suffering, mental anguish, permanent disability, loss of enjoyment of life, loss of consortium, exemplary damages, interest, attorney's fees and court costs.

The plaintiffs are represented by Metairie attorney Chester C. Stetfelt Jr. and Gail A. Snakenberg. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:12-cv-00484

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