FORT LAUDERDALE — A lawsuit filed in February against Ethicon Inc. and Johnson & Johnson, alleging that a medical device seriously injured a Broward County woman, may be heard in federal court.
Esther and Salomon Nahon filed their case in the 17th Judicial Circuit Court in Broward County, claiming that Esther suffered internal damages from a mesh hernia implant. The couple is claiming strict product liability, negligence, breach of warranty and loss of consortium, according to the lawsuit filed on Feb. 23.
Ethicon and Johnson & Johnson requested on July 19 that the case be moved to U.S. District Court of the Southern District of Florida in Fort Lauderdale. The defendants stated in the court filing that they were making the request because the claim for damages exceeds $75,000 and both companies are subject to New Jersey law, where they are headquartered.
The couple’s complaint stems from a medical procedure that Esther Nahon underwent on Feb. 27, 2016, at Memorial Regional Hospital in Hollywood. She was implanted with an Ethicon Proceed hernia mesh, but her condition worsened over time, with abdominal pain, nausea and fever, according to the couples' lawsuit.
In June 2017, she returned to the hospital, and doctors allegedly discovered the mesh had caused damage to her abdomen and bowels, according to the Nahons' lawsuit. The implant was removed.
The Nahons claimed that the medical device has caused serious injury in other patients, according to the lawsuit.
“Due to the defective design, the manufacturing, marketing and negligence of the defendants, the Proceed mesh has cased Nahon severe and permanent bodily injuries and significant mental and physical pain and suffering, and economic loss,” according to the Nahons' lawsuit.
There are also claims of loss of consortium by her husband, Salomon.
The plaintiffs' attorney is William E. Calnan of Fort Lauderdale. The defendants are represented by Jeffrey B. Shapiro of Miami.