U.S. 11th Circuit Upholds $2.5 Million Pelvic Mesh Verdict

Virginia Redding obtained her $2.5 million malpractice verdict in federal court in Florida, against Coloplast Corporation, the manufacturer of a pelvic mesh her doctors had implanted in her in a previous surgery.  In the trial she claimed the mesh was defective causing her significant medical complications, and that Coloplast was grossly negligent.

After the jury entered a verdict in her favor, Coloplast appealed the verdict to the Eleventh Circuit.  The primary issue on appeal was Coloplast’s argument that the statute of limitation had expired prior to the filing of the lawsuit, and therefore the entire case should have been dismissed.  Coloplast argued that when she experienced early symptoms of complications in 2009, that triggered the start of the statute of limitations under Florida’s rule that the statute begins to run when the patient knows of her injuries.  The appellate court, like the jury earlier, found that the early symptoms of the problem were not sufficiently alarming to trigger the start of the statute of limitations time clock.  The findings were partly based on the evidence that her own physician didn’t think the early symptoms were of any serious concern.  It was only when severe symptoms began that a problem with the pelvic mesh came to light.

If you would like a free evaluation of your potential case, contact us.