Facts

On June 20, 2007, Michelle Klinker had surgery for the treatment of stress urinary incontinence and a grade-4 cystocele. During the procedure, a Monarc Subfascial Hammock sling and Perigee prolapse mesh were implanted, which were manufactured by American Medical System.

Beginning in April 2010, Klinker went to Dr. Wesley Scott Hilger, complaining of pelvic pain, urinary urgency, pain during intercourse, and recurring urinary tract and yeast infections. Klinker had experienced these symptoms since the 2007 surgery, and in June, Hilger concluded some of her symptoms were caused by her mesh implants. On June 8, 2010, Hilger performed surgery to remove the AMS implants and replaced them with Ethicon Inc.'s tension-free vaginal tape (TVT) device.

On June 28, 2013, Hilger again performed surgery on Klinker to revise the TVT and remove a urethral diverticulum. A third surgery was required in February 2017 to lyse pelvic adhesions, excise a portion of the TVT, and remove a suture related to the AMS implants.

On May 4, 2021, Michelle Klinker and her husband, David, filed suit against Ethicon and Johnson & Johnson.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the defendant had negligently designed the TVT device; that these design defects were the cause of Klinker's yeast infections, pain, painful intercourse, infections, bleedings, depression, urinary dysfunction and incontinence, and anxiety; that defendants negligently failed to warn of its defects; were strictly liable for their failure to warn consumers; and had caused a loss of consortium.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing or liability. Moreover, the defendants denied any defect in the design of their product or that they failed to provide warnings about the risks associated with their product.

Result

The court granted the defendants' motion for summary judgment.