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Ramirez v. Ethicon Pelvic Mesh Trial – Justice Delayed, Justice Denied

Judge Karen Pozza ramirez v ethicon august 2016Mesh Medical Device News Desk, July 18, 2016 ~ Will number five be the charm for Jennifer Ramirez?   The case of the San Antonio, Texas woman and her case against Dr. Cesar Reyes and Ethicon (Johnson & Johnson) has been continued four times.

Now it is on the docket for trial finally August 8, 2016 before Judge Karen H. Pozza in San Antonio Texas.

But MND has been informed it may be continued again. As of this writing it is still on the docket. Stay tuned.

Ramirez v Cesar Reyes/ J&J/ Ethicon Case No. 2012-ci-18690, filed in the 407th Civil District Court in San Antonio, Texas.

Jennifer Ramirez was 28 years-old when she was implanted with a TVT-O Sept 17, 2010 to treat stress urinary incontinence (SUI).  The TVT-O (obturator) has already been found to be defectively designed in another Texas court (Batiste v. Ethicon)  and in a trial in West Virginia (Huskey v. Ethicon).

TVT-O from TVT Meshed Up, UK

TVT-O from TVT Meshed Up, UK

She experiences ongoing pain and some mesh remains after she had an explant surgery in December 2010, according to court documents.

Is Five the Charm?

The Ramirez v. Ethicon case was supposed to start November 2014, then January 2015, then reset to July 13, 2015, then again April 27, 2016 when there was some talk of a settlement which disrupted that trial date. 

Ramirez is suing her doctor Cesar Reyes MD as well as Johnson & Johnson and Ethicon. He is an obstetrician and gynecologist from San Antonio. See his reviews here.

Judge Joseph Goodwin

Judge Joseph Goodwin

On August 6, 2015, Judge Joseph Goodwin had to decide whether federal court had jurisdiction over this dispute. He remanded the Ramirez case (WV federal case number 2:15-cv-09131) back to state court denying J&J’s Motion to Stay as moot.  Ethicon wanted it to remain in the Southern District of WV.   Here is that document.

There’s been a great deal of back and forth between Texas and West Virginia over this case.

Ethicon removed to the District Court for the Western District of Texas June 8, 2015, asserting the state had the original subject matter jurisdiction.  On June 9th, the plaintiff moved to remand the case to the state court. On the same day Ethicon moved to stay all proceedings in the Texas federal court. On July 1, 2015, the case was transferred into MDL 2327 to federal court in West Virginia.

The case then was remanded back to San Antonio, to the 437th Judicial District Court of Bexar Co. on August 7, 2015.

Attorneys for Ramirez are Matthews and Associates, Edwards de la Cerda, Freese and Goss.

Today it’s on the docket in the 407th Civil District Court before the Honorable Judge Karen H. Pozza.   

Location 407th Civil District Court, 100 Dolorosa, 4th Floor
San Antonio, TX 78205

August 8, 2016, 8:30 am

The court does not file documents electronically but you can see what’s been filed here. 

There are currently 33,874 cases filed against Ethicon / J&J in the Southern District of WV and thousands others filed in state courts around the country as well as internationally. This fall there will be numerous trials underway naming J&J /Ethicon as the defendant corporation after a break in any trials naming this defendant.  ##

 

8 Comments

  1. PC says:

    Such an abuse of the system. Somewhere along the way a Judge has to put a stop to this. Ethic on has way too much influence and power with these trials. At this rate the mesh trials will take more than our lifetime to complete. Judges need to put a stop to this now!!!!

  2. k says:

    I am trying to make a very difficult decision to give up my 20 year career because I can no longer sit all day without terrible nerve pain. Physical therapy helps a lot but I have spent all I can on it and taken off all the work I can take off. Tell me how the government is ok with paying out disability to all the mesh injured women. Taxpayers you are paying for all of this!!!!!! Listen up!!!!!

    • Jane Akre says:

      Yes they are paying….. this may be dumb, but can you do some of your work standing,,, on a standing computer for example?

      • k says:

        I have tried but honestly standing hurts as well. I change it up through out the day. Jane, I have been holding on hoping for settlement to take FMLA for physical therapy and I think I would be so much better. This is just cruel to make us make such difficult life decisions when it could all be so different. Why is this being allowed????????????????

        • Jane Akre says:

          I’m so sorry… It is nothing short of cruel. We don’t treat dogs this way. Hang in there if you can….

  3. Kitty says:

    Question…is Cystoscopy and uro dynamics considered surgeries?

  4. Still Standing says:

    No, they are diagnostic procedures.

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