Wagstaff & Cartmell $2.5 Million Judgment in Pelvic Mesh Trial Upheld On Appeal

The Eleventh Circuit upheld a $2.5 million judgment against Coloplast Corp., confirming that Virginia Redding’s claim regarding defective pelvic mesh was filed within the appropriate time frame. The court found that her 2009 symptoms were not sufficiently alarming to suggest the mesh was defective, unlike the significant symptoms she experienced in 2014, which justified her filing within Florida’s four-year statute of limitations.

The panel supported the jury’s decision that Redding reasonably believed her early post-surgery issues were normal complications, as her doctor didn’t indicate any serious concerns. It wasn’t until the more severe symptoms in 2014 that Redding was alerted to the potential defect in the mesh.

Redding’s lawsuit, filed in Florida federal court, accused Coloplast of gross negligence and other charges, claiming the defective mesh caused her medical problems. In 2022, the jury ruled in her favor, awarding her $2.5 million and rejecting Coloplast’s argument that the claim was time-barred. Coloplast’s appeal, which contended that the statute of limitations began in 2009 when Redding first noticed issues, was dismissed by the Eleventh Circuit. The panel also denied Coloplast’s request to escalate the matter to the Florida Supreme Court.


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