In the first instance of a Pennsylvania appellate court wading into the effects of the U.S. Supreme Court’s high-profile decision in Bristol-Myers Squibb v. Superior Court of California, the Pennsylvania Superior Court has declined to toss a more than $12.8 million judgment against pelvic mesh maker Ethicon.
A unanimous three-judge panel ruled Tuesday to affirm the $12.85 million award in Hammons v. Ethicon, which a Philadelphia jury handed up in late 2015. The award was the first verdict to come out of the pelvic mesh mass tort program in Philadelphia, where nearly 100 similar cases are pending.
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