Hammons v. Ethicon, Inc., et al (majority)Annotate this Case
Appellee-Plaintiff Patricia Hammons (“Hammons”) was an Indiana resident who suffered significant injuries following the May 2009 implantation in Indiana of Appellant-Defendant Ethicon, Inc.’s Prolift Kit, a medical device used to treat “medical conditions in the female pelvis, primarily pelvic organ prolapse and/or stress urinary incontinence.” She received treatment in Indiana and Kentucky. All parties agreed the mesh was the only aspect of the Prolift Kit produced in Pennsylvania. Ethicon contracted with Secant Medical, Inc., a Bucks County manufacturer, to weave the mesh according to Ethicon’s specifications from Ethicon’s proprietary polypropylene filament. Hammons filed a complaint in the Philadelphia Court of Common Pleas against Ethicon, Johnson & Johnson, Gynecare, and Secant, asserting various claims related to the implanted device. Ethicon was a wholly-owned subsidiary of co-defendant Johnson & Johnson, both of which were headquartered and incorporated in New Jersey (jointly “Ethicon”). After initially being removed to federal court based on Ethicon’s claim of diversity jurisdiction, the case was eventually remanded to the Pennsylvania court, where it was transferred to the Complex Litigation Center Pelvic Mesh Mass Tort Program. Relevant to Hammons’ claim, Plaintiffs alleged that Ethicon “designed, manufactured, packaged, labeled, marketed, sold, and distributed” the Prolift Kit. Plaintiffs named Secant as a defendant, claiming that it “designed, tested, inspected, wove, knitted, cut, treated, packaged, manufactured, marketed, and/or sold a mesh made from polypropylene and/or other synthetically derived filaments that was the actual mesh utilized” in Ethicon’s Prolift Kits. This case presented a challenge to the exercise of specific personal jurisdiction in Pennsylvania over New Jersey corporate defendants, to a case filed by an Indiana resident. After reviewing recent decisions from the United States Supreme Court revising its personal jurisdiction jurisprudence, the Pennsylvania Supreme Court concluded that the imposition of personal jurisdiction in this case met the relevant constitutional and statutory requirements, and affirmed the Superior Court.