A rare defense verdict in favor of the Johnson & Johnson subsidiary that made surgical pelvic mesh is going back for a new trial as the Pennsylvania Superior Court on Wednesday upheld a Philadelphia trial judge’s ruling that the jury verdict was against the weight of evidence and that a weight-of-evidence challenge could not be waived before the verdict was announced.

The appeals court panel rejected Ethicon’s efforts to nix the retrial of a pelvic mesh case that initially resulted in one of the company’s few defense wins in the litigation in Philadelphia.

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