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Jury Decides for Huskey $3.27 Million in Pelvic Mesh Trial!

courthouse twoAfter a two week trial, Huskey v. Ethicon, the eight member jury returned a verdict just before noon, Friday September 5, of $3.27 million.

Emotion erupted in the courtroom as the clerk read the breakdown!

Huskey had proven by the preponderance of the evidence, defective design, a failure to warn, strict liability and negligence in her lawsuit against Johnson & Johnson and its division, Ethicon. 

She was awarded:

$100, 000 – Reasonable medical costs

$470,000 – Past pain and suffering, mental anguish

$2.5 Million – pain, suffering, mental anguish, disability, loss enjoyment of life now and in the future.

$200,000 – Loss of consortium Mr. Huskey

$3.27 million

When asked if Ethicon planned to appeal both Mr. Thomas and Mrs. Jones had no comment.

The jury of eight – two men and 6 women were able to take notes during the proceedings.  For the past two weeks they seemed to be attentive. One juror left last Friday for personal reasons.

The jury began deliberations Thursday night for two hours but failed to reach a decision.

This represents the second consecutive loss for Ethicon, a division of Johnson & Johnson.

In April, a Dallas Jury awarded Linda Batiste $1.1 million over her TVT-O, the same medical device implanted in Mrs. Huskey. That jury also decided the polypropylene sling used to treat incontinence was defectively designed.

Last February, in this same federal court in Charleston WV, Judge Goodwin issued a directed verdict for the defendant in the case of Carolyn Lewis V. Ethicon.

The largest jury award for a plaintiff facing J&J was the Linda Gross trial heard in  New Jersey court in February of last year.  The jury awarded her $11.1 million including $7.76 million in punitive damages.  Punitive damages were taken off the table by Judge Goodwin when he denied J&J’s request for another directed verdict in the Huskey case.

Three other cases against the healthcare giant quietly settled in Missouri earlier this year in favor of the injured women.

There are presently more than 66,000 cases of similar pelvic mesh injuries against seven manufacturers consolidated in the Charleston court. Ethicon has the majority of those cases, 22,000, followed by American Medical Systems (19,000), Boston Scientific (14,000), C.R. Bard (10,000). Coloplast, Cook and Neomedic make up the remainder of the product liability cases.

The next pelvic mesh trials will be held in Miami November 3. Four plaintiffs will have their cases consolidated in trials against Boston Scientific, part of the multidistrict litigation in WV. Judge Goodwin will preside.

115 Comments

  1. msm says:

    YES !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! PRAISE GOD!!!!!!!!!!!!!!!!!!

  2. Terri says:

    Amen, Thank you GOD!!

  3. Terri says:

    Thank you, Jane!!!

  4. Jaime Cartero says:

    So Happy For The Huskeys! It Is A Great Win For Women Suffering Worldwide!

  5. Jane Dowdall says:

    What a relief! What a great WIN for mesh insured women. Thank you Jane for keeping us up to date. Gosh …. this made my day!

  6. charles says:

    Very good news

  7. tee says:

    Thank You Jesus!!!!!

  8. Michael says:

    This is great news, someday soon this will hopefully end for all those involved. BTW we all owe a huge amount to the messenger; Jane, not only for keeping us informed but for support as well.

  9. sandy says:

    this sends a message to every one of the makers of these messages that they are in for trouble if they go to court Amen praise Jesus we are one with this one I’m so glad for those people now we can all start getting in line saying start paying up I’m sick and tired of the excuses this is just another victory for all of us again amen and praise Jesus

  10. sandy says:

    Mesh makers __sorry stupid spell checker

  11. Evy. says:

    Thank God

  12. jade says:

    Justice served – even in my opinion Judge Goodwin was pulling for the defense. Good job – Fitzpatrick of Motley Rice – you came in blazing the other day with total BELIEF in your victim’s cause, pain and suffering and it showed! Congratulations!

    • Jane Akre says:

      Judge Goodwin was not pulling for the defense in my opinion as you state… Sometimes he has to give each side something… but he was very kind to the jury. He is a nice man who is aware of this website! .

      • msm says:

        I have to admit that I had not seen him in a good light until his instructions to the jury in this case. Although I’m sure it is a normal part of the instructions, when he stated, “Take into consideration the loss of a normal life, temporary or permanent ability to enjoy life and the pleasurable aspects of life. Any pain and suffering experienced and reasonably experienced as a result of the injuries and any emotional distress. Any reasonable expenses of medical care treatment and services and the recent cash value of those services certain to be received in the future”. I don’t know why but it made him seem human. Also, his request for explanations before formulating his instructions (standard of care versus gold standard) rather than declaring the difference himself as the all-knowing judge, helped me to see him in a different light. It is a very different perception than I had prior to this trial. Perhaps it’s your coverage. Thanks, Jane.

        • Jane Akre says:

          Many of the jury instructions are “Rules” Such as treat a corporation like a person! Really? Does that mean they can go to prison? That statement is old established jury instructions that must be said to jurors when a person is suing a corporation. Hopefully those jurors know that a corporation is NOT a person!!

      • BS says:

        Thank you so much Jane for keeping all of us informed about MDL 2327. Our lawyers do their best but, they don’t give us enough information as to how the trials are going. You are a blessing!!!

  13. Jane R. says:

    OMG, OMG, OMG. I am crying. This is finally some really good news!.

    This leads the way for more, that is for sure. I don’t know how other companies will be able to

    prove their product was okay now. I hope the same for BS.

    Huskey’s problems are the same as mine. I have just avoided surgery to remove the mesh for

    fear of the scar tissues and further nerve damage.

    Jane, don’t know what we would do without you.

  14. Whatamesh says:

    Ecstatic for those who received justice. Still devastated that the Boston Scientific trial which took place in Boston, Massachusetts (go figure) did not fair well for those of us who have and continue to suffer for years…many with symptoms much worse than those already settled…yet we have to live in torture….we have lost our careers, our intimacy with our husbands and our children lost their once active mothers. It’s not fair that Boston Scientific is not held as responsible as the other companies…and I pray one day something positive comes out of our suffering too.

  15. Dedra says:

    I am very happy for Mrs. Huskey. I hope that all mesh survivors and their families get fully compensated for all of their heartache and pain.

  16. Kitty says:

    Jane—as always —thanks for your fine reporting. I don’t think stringing anything thru a sensitive organ is a good thing.

  17. Tambrea says:

    Praise GOD! What a burden lifted off so many!

  18. Debi says:

    Yes, Yes, Yes! for all of us women.

  19. Jan Urban says:

    Jane and everyone I was very doubtful last night that a verdict would go our way. But when I read the article on the closing statement of the Lead Attorney for Mrs. Huskey to the Jury. It turned my thoughts around and I finally got some sleep. Thank you again Jane and everyone for the in depth reporting you all provide for us on a daily basis. Well done. So where do we go from here? Is that is for Ethicon and J & J?

  20. Valerie says:

    Thank you Jane, you have done a great job at covering this case! You are worth more to us than you will ever know!!

  21. jennifer says:

    What does that mean for all the mdl cases out there?

  22. Toni says:

    Well in spite of the Judge not allowing alot of the damaging evidence not being allowed by Judge Goodwin we prevailed. When is Johnson and Johnson going to admit they put this stuff on the market knowing full well that it would harm women. I have gone through 2 surgery’s and continue to suffer. I was implanted with the TVT and the Prolift in 2006 before FDA even knew they put this product on the market. Scary that the FDA turned around and OKed it after the fact. When will these people all quit taking payoff’s against the health of people it is supposed to serve.

  23. Suzanne McClain says:

    Awesome news! Thank you, Jane for keeping us all updated and informed about the proceedings! Thank God for intelligent jurors who understood what this case was all about, and who actually considered all the evidence closely before jumping to the conclusions. As evidenced by the outcome, the jurors understood the damage J&J had caused this couple, (and many others) and awarded the Huskey’s a fair judgement.

    We very much appreciate you being our eyes and ears in the courtroom. Without you, we would all be like mushrooms; kept in the dark and fed manure!

  24. Linda h says:

    Tears of joy, happiness, relief for all women effected by this. What a huge burden lifted from her shoulders. Thank you Jane for bringing this to light so many of us can celebrate with joy.

  25. PLC says:

    Such good news! Yay!

  26. Dean says:

    This is such fantastic news I’m almost tearing up reading all of the comments my wife is so happy to even though we live in Canada justice has been served thank you so much Jane go get your self a stiff drink you deserve one you have been just a Gods send thank you WOW

  27. stopmeshimplants says:

    So thankful that these jurors listened to the facts and understood the pain and suffering for Mr. and Mrs. Huskey. I am thankful for Jane’s coverage. And I do believe this is just the beginning for these big pharma companies and what they deserve after shirking away from any responsibility with their products and the harm to our bodies. Bring em on! One by one they are going to fall because the truth always comes out. It was just a matter of time. Smiling big for the first time in a long time. FDA are you listening?

  28. Summer says:

    Jane, Thanks so much for keeping us informed. You are truly an angle from above.

  29. terri white says:

    Thank you Lord Jesus !!! She deserve’s that and more. Thank-you Jane for the awesome coverage.

  30. Jane R. says:

    I keep reading it over and over. Yes, please if anyone knows, how will this affect future J&J cases

    as well as other cases like Boston Scientific.

    • Dean says:

      Hi Jane R :This case was huge and such a big win for Mrs Huskey and all who have been effected by this it most likley will effect a lot of other cases in a positive way we will have to see if They want to go another round first and if or hopfully when they lose that one too they might want to go the table and talk so to speak

  31. BS says:

    Thank you GOD in JESUS name!!!!

  32. Dan says:

    i’ll bet a certain federal employee still got his bonus from the defendant for a good effort.

    • Jane Akre says:

      Hello Dan- And you base this on what exactly? Not everything is rigged you know… we have a jury system and while not perfect, lets hope you would have your day in court if needed. It beats the judicial system of other countries I imagine….

      • Dan says:

        i base it on refusal to allow the jury to hear about the destruction of evidence the defendants were under court order to preserve.

        Not allowing for punitive damages when the defendants knowingly continued to sell a defective product.

        Perhaps I am mistaken but the final directions to the jury seemed to narrow what the jury could consider in their deliberations – in favor of the defendants.

        The last trial ended in a directed verdict when our court system calls for the jury to decide what was proven or not.

        • Dan says:

          I apologize for my original facetious comment. I have no reason or evidence to believe anyone gained financially from their actions in this case. I find myself angry at what, I believe, this mesh has done to my wife’s health and her life.

  33. Jan Urban says:

    I’ve been e-mailing CNN News each hour with the news of this verdict and asking them to check out the Mesh Medical News Desk web site for more information regarding this Medical Device and how it has ruined so many lives. I asked them why they would not report anything on this issue?

    • msm says:

      Where is Geraldo Rivera when you need him? I think the networks are afraid of Big Pharma. The only TV coverage of any medical device lawsuits is the recruiting commercials from attorneys. Thanks for your efforts!

    • Kitty says:

      To Jan Urban—–Transvaginal mesh is a sensitive subject. Vaginas are not an easy thing to talk about in public. And further —-remember the woman at the Democratic convention that simply spoke about birth control She was considered a whore by many I can understand why the media doesnt report.

      • Jan Urban says:

        Kitty: I DISAGREE. They cover Abortion issues and all the other issues such as Birth Control. They allow advertising that cover Tampons, Posies, contraceptives, Over the counter medications for over active bladders. This is not just about are vaginas at least in my case my whole body has been affected by this mesh. The news is suppose to cover controversial topics. It is all in how you present it. Watch the Dr. Oz show and some of the other talk shows and the topics that are discussed. What about Doctor Ruth?. She talked about vagina’s and a whole lot more and this was decades ago. No, something is not right. It’s not about vaginas I’ve been hounding the press and legislators of this country for years. I am a Baby Boomer. That is why I was born to try and change what is wrong and bring awareness so things can change. And furthermore we are not old anymore most women are very active. Look at Betty White, Joan Rivers RIP. Who spends the money in this country. The youth can’t. they all have an educations but no jobs. We support them and their children. No times have changed and we need not be afraid to speak up. Did you have that conversation with your Senator or Congressman about these Medical Devices? Women’s vaginas have been in the news since Roe vs Wade and Birth control. I am just furious about the lives these manufacturer have ruined and it’s not just us change of life women that they have hurt. I feel like Sally Field in her role where she just wanted to hit something. So many miles to go here’s hoping we all have a good day. Remember we may be Granddaughters, but we are nothing like our Grandmothers.. Sorry Kitty but this is how I feel.

        • Dean says:

          Jan:I think a lot of women and husbands and others feel this way Kitty there is so much in the media about sex and everything else these days like Jan said it’s not just about Vaginas it’s about the pain and suffering a defective product that should not have been used the list goes on with all of the complications due to this mesh have you seen any of this mesh when it has been taken out it’s horrible Kitty the media should be all over this but the sad thing is when it’s all settled that’s when it most likley will hit the news

      • Milagros Murgia says:

        Kitty….your comment is perplexing to me. The pain and suffering from injurious mesh implantation has nothing to do with Sandra Fluke’s whining for free birth control.

    • valencyspeaks says:

      They won’t report anything on this issue because it is something affecting older women’s vaginas. In a patriarchal society such as the one in the U.S., women past their child-bearing years hold little use to society, therefore they warrant little attention in the press. What do they really care that it’s a bunch of old ladies’ busted up vajayjays? Who’s gonna have sex with an old lady anyway, right???? They aren’t young and sexy any more and don’t really need a vagina so these kinds of injuries aren’t that big of a deal.

      You can bet every bit of profit these companies have made destroying women’s lives that if this kind of crap had happened to men and their penises, it would be headline news every. night. on. every. channel. and Congressional investigations would have already begun.

      $3.27M isn’t enough, frankly. Shame on the judge for disallowing punitive damages.

      #JNJexecsshouldgotojail

    • Jane Akre says:

      Jan- Let me know when you get an answer! I appreciate you contacting them … maybe someday.

  34. jade says:

    The implications of these positive verdicts for the Plaintiffs is NOT specific to any one manufacturer. All of the manufacturers are watching each case closely, as the verdicts apply to them, as well. The more Plaintiffs’ prevail, the sooner ALL of them will begin settlement talks. This is good news for victims of all manufacturers. To me this win was as BIG as the $11 million win, because here the Judge took punitive off the table. If he had left it on – I’m sure punitive would help this $3.27 Million verdict reach the $11 million level or close! So it is all good at this point. Christy Jones is NOT a happy camper tonight and neither if J&J! Remember, this litigation is costing J&J millions in legal fees and even if they win, it’s still at their expense and if they lose, they must still pay the damages. Even if they appeal a win – it’s more expense for them – eventually, they will have no other option, but to settle and cut their losses! Plus, all this negative publicity hurts their “wholesome” image and diminishes any consumer trust in the J&J name. Possible NEW SLOGAN from Fitzpatrick’s intuitive 8-year old “J&J -The Leader in Plastic Machines for Pelvic Prolapse” OUCH!

    • msm says:

      Endo is cutting its losses and selling AMS for nearly $1 billion less than they bought it for 3 years ago. Add in the $830 million it spent to settle some of the AMS cases. It will be interesting to see what the fall out is from this trial for the other manufacturers.

    • Dean says:

      Jade:It should be the new slogan it is perfect and from an eight year old yet

    • Jane Akre says:

      You are right Jade- As I told the news director at the TV station in Charleston WV (Channel 13), ALL EYES around the world are on your community! A loss for one is a loss for all of them. Ultimately it may not matter because as you point out, win lose or draw, they still have to pay the exorbitant legal fees.

  35. overjoyed says:

    Thank you Jane so much for all your patience with the mesh injured, and for all your hard work. Not many people would do what you do and ask for nothing in return. You are our hero! Words cannot express how happy I am for Mrs. Huskey and her husband. I may not be able to rest tonight because of the pain, but I will have a smile on my face!

  36. Carol says:

    Good for Huskey she deserves it

  37. Maria Garcia says:

    A huge message has now been sent with design defect, failure to warn and negligence. WOW! A grand slam is exactly what all of us needed…Thank You God for the verdict and Jane Akre, Fidelma Fitzpatrick and Ed Wallace.

  38. Tammy says:

    Thanks Jane! Very much appreciated

  39. Connie Thornburg says:

    PRAISE THE LORD !!! I am so happy for you guys. This is wonderful & CONGRADULATIONS TO YOUR ATTORNEY’s for a job well done. This won’t solve your life long health problems but it will help bring a small peace of mind to you & your family . In sure your like me my entire family had suffered & been saddened by what they have saw me go through ! It hurts to see their pain as well ! THANKS to Jane Acre for being do loyal and dedicated to fight for our rights & be so strong to speak the truth to everyone !!! God bless you & your sweet family !!! Connie from Alabama

  40. Beth from Maine says:

    Thank God and thank you Jane for reporting on this win for us!!

  41. Connie Thornburg says:

    You know Jane it would make me so happy if my attorneys would file charges for attempted murder !! My life is so up side down & so altered compared to before the mesh . There are no words I could possibly say other than hiw can our Government continue to allow lives to be destroyed when we help so many other country’s . I truly want to help all country’s & people in need . I just don’t understand why I don’t matter & why thousands of wonen even have to have trials for compensation . I feel like I’m in a communist country lije when Hitler hurt so many innocent people we call it The Holocost what should call this ? Our leaders are suppose to care for us . I certainly don’t compare our suffering to he the same as the innocent Hews that were murdered. It is simply the type of unjust actions I feel we are Induring !! I was told I had health issues prior to the mesh & I did but nothing life threatening nit life altering lije what this had done to me and my husband & family ! I have didn’t three years living in my den with my legs throwed over the side arms if what ever I set in because I can’t take the pain of setting on my bottom side !! Thank you Jane & if I don’t make it through this PLEASE HELP MY FAMILY GET THE COMPENSATION THEY DESERVE FIR THE LIVING HELL THEY’VE SAW ME ENDURE FOR YEARS !!

    • msm says:

      The whole pre-existing conditions issue is ludicrous. What if someone had their legs broken in a car crash. Would it matter if they had arthritic knees before the accident? I don’t think so and it shouldn’t. Even our age is considered. “Well, she probably wouldn’t have lived but another 5 years anyway so her case isn’t worth much.” What? Yes, that is really considered in settlement amounts as well as some jury awards.

      “She couldn’t walk much and wasn’t that active before the mesh, so it really doesn’t matter if she has now lost the ability to do everything.” It doesn’t matter if the ability to sit with your grandchildren on your lap was the only real joy left and the mesh has taken that away. That was the only joy left and mesh took that away, too? ! ? I really wonder if it happened to a man if it would be the same. In other cultures, older women are revered as wise matriarchs. The U.S. just sweeps us aside. I think it has gotten worse since the development of Viagra. I won’t even go there. I better stop this rant.

  42. Mary Pat says:

    Thank God and thank you, Jane Akre. You are truly our heroine! Bless you for all the wonderful work that you do!

  43. Donna says:

    Thank you Jane for keeping us informed about the trials. We all appreciate your dedication and hard work.

    I am so happy for the Huskey family. Johnson and Johnson has hurt and destroyed the health of so many women…including my health and life. I am only 56 and would give up millions to feel like I did before my Prolift and TVT procedures.

    I have been discouraged on how recent trials ended; this verdict has lifted my spirits.

    Us meshed up women will hopefully see our day soon.

    God Bless all of you. (Jane too!)

    Hugs,

    Donna

  44. Linda Romero says:

    What a victory! I am for the Husky’s because they had their day in court and once again, survived! Although it’s a celebration, I found myself crying a lot of the afternoon because it triggers the thoughts of the pain and suffering of us all. All the trauma of being told we are crazy, it’s in our heads, repeated procedures, shots, ultra sounds, appointment after appointment. laying in bed trying to convince yourself there is a reason to keep going. It is just devastating to hear how much they knew before the product was launched and how much they have come to know since it has been on the market and they continue to harm women. When I read the testimonies, it crushes me when I think of the women that will be implanted today, tomorrow and next month without informed consent. I just don’t have a grasp of how a group of powerful individuals in our country can support the continuation of this product when we hear over and over it is deadly? Why is it not stopped immediately. We know the rapists, they have been tried and found guilty, yet they are free on the streets and allowed to continue with the crime. It crushes my heart for those injured and for those that are waiting in clinics, naively for their 20 minute gold standard implant. If we read the profiles it’s not just older women. It’s women in their 20’s and 30″s who are trying to parent young children. I just grieve for them.

  45. Kitty says:

    This verdict validates the terrible fall I had last Sunday when walking with my little grandaughter. Suddenly–without warning a bolt of lightening struck in the gluteal—traveled down my leg—– and in a flash I flew to the ground. Again——ANOTHER fall. If I wasn’t as strong as I am I surely would have fractured my knee and perhaps my back. I just got up. This is just one of the things mesh can do to a normally healthy woman.

  46. DEBORAH says:

    As an Ethicon victim, I say, Jane, Thank You ,for keeping us informed, I only found this web site last week,. Makes me wonder why the MDL attorney’s have not mentioned this yet!

    At any rate, YEAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!!!!!!!!!

    Thank you Lord.

  47. msm says:

    I have questions. A jury found that the TVT-O was defective in design.

    1)How long will the FDA allow it to be marketed?

    2)Couldn’t they also be held liable for any injury going forward or is the federal government immune?

    3)Who is responsible for informing the medical community? (You can bet many docs have their head in the sand hoping this will all go away)

    4)What liability will physicians have who continue to use this device knowing that a jury found it to be defective in design?

    5)Are the individual sales representatives who sell and deliver directly to the doctors liable if they continue?

    • Jane Akre says:

      Good questions MSM- You would think with two defective rulings on TVT-O that any doctor using it could be held liable… even though medical malpractice has been pretty well gutted in this country, thanks to the anti-lawyer sentiment (Tort Reform). As it turns out, tort reform was really about hurting you!
      It is the manufacturer who is responsible for informing the medical community. Docs can continue to use it if their medical societies say its the “Gold Standard” in other words, the standard of care…Sales reps for for the company so could they be held liable? Good question for a lawyer.. ..The FDA has its head in the sand, good question for them though. Think I’ll ask!

      • msm says:

        Thanks, Jane. I can’t wait to hear the answers you get.

        You know, it seems that at some point, these medical societies (who are backed by the manufacturers) would have a responsibility to inform their members. They should change their position statements for a start.

        This trial wasn’t just about pain and suffering. This was about scientific testimony by experts that led the jury to decide that the product is defective. How can the professional societies and associations deny that and continue to promote its use. If their hands are not in the pockets of the manufacturers, then what is their motivation? Do they not want to gain the skill needed to do the procedure using native tissue? Would they rather continue with the 22 minute procedure that allows them to do multiple cases in a day?

        They say that the procedure is preferred because it is easier on the patient. As someone who has had both, I definitely would have opted for native tisse had I known there was a possibility of problems with the mesh. As for the cost, the cost was nearly the same. I don’t know if it was due to the cost of the mesh but the surgeon fees were nearly the same. The only difference was the cost of OR time and the cost of anesthesia.

        So, a day in the hospital, a 4in. scar, and a few days more to be back on my feet is no price to pay for native tissue when compared to coming home the same day (but with a catheter), two half inch scars, not allowed to lift for 4 weeks (same for both), and 3 years of mesh-related pain with exposure and infection, another surgery to remove as much mesh as possible, 6 months to heal and then the native tissue procedure (made more difficult because of scar tissue and mesh remnants from the first 2 surgeries).

        How can anyone justify taking that chance without warning the patient of that possibility. The docs dont do it because the manufacturers dont warn the docs. Passing the buck. They all know better. There should be a “chain of liability” to hold them both responsible.

        Ending the rant.I apologize.

        • Jan Urban says:

          All Meshed up: I’ve been wondering and asking all along about this mesh and what was wrong with the way my Mother’s and Grandmother’s Bladders where repaired. Of course it’s the $’s, time it takes to do the procedure. But make incisions in a vagina. I was not told any of this. The only thing that should ever go near a vagina is you know what? After the fact the Doctor heard this from me and so much more.

        • Jane Akre says:

          Don’t ever apologize- you are absolutely correct,, the chain of command starting with the raw resin polypropylene. That is probably the reason they have that disclaimer on their sales label, but what if they didn’t? And the doctor? And the sales rep? And of course the manufacturer, and the insurance company that paid for this surgery and not a burch procedure…. have I left anyone out?

      • Jan Urban says:

        That’s why the Doctor’s dragged their feet in their denials about our side effects. Can’t get sued after 2 years in Ohio. My Family Doctor says most Doctor’s do not want to get involved with a mesh survivor fearing further complications, whether it’s repairing or legal action for further damaging us. So guess who’s stuck? The FDA will probably drag out the reclassification until these trials are over. If they did reclassify it now wouldn’t we win automatically with that type of classification?

        • msm says:

          I wonder …

          If your state has a discovery clause, then the 2 years start when you (or a reasonable person) would know that you had been harmed. Not when you know who harmed you.

          Say that the doc swears the harm is caused by a product so the patient only files suit against the manufacturer. The patient (now a plaintiff) waits years and years for the case to come to trial. It is the testimony of the defense “experts” that the surgeon was at fault and not the product. The plaintiff’s attorney’s fail to prove otherwise. The jury finds that the product was not the cause.

          By that time, the doc is in the clear because of the statute of limitations. Why wouldn’t docs always tend to blame the product? I’m sure their malpractice insurance carrier would coach them to blame the product. Are injured patients expected to sue all parties because of the statute of limitations? Some mesh cases have already gone this way.

          The plaintiff leaves with nothing but medical bills, a mangled body, and pain for life. The doc goes on vacation in the Caymans with no worries. The manufacturer continues to profit from the product. The doc comes back and continues to use the same poor technique and/or ignores warnings in the IFU and injures more and more patients.

          There’s something seriously wrong here. I say do away with statute of limitations for medical devices or extend the statute of limitations to the expected “life” of the device. Hold the doc liable until a medical review board clears him/her. To do that, the board should have to determine that it was not the doc but the product or some other specific factor that caused the harm. Those reviews would provide much needed evidence and would hold docs accountable to at least the board. As it stands now, the doc can just walk in the exam room, tell you, “It’s the product, Sorry.” and walk out, washing his hands of the situation.

          I think I got off topic but there isn’t much justice in the system.

  48. Jane R. says:

    I thank the Huskey’s for their strength to go through this. It’s not about money but about the peace of mind to take care of yourself or get the help you need in the future because we don’t know what that brings for us.

    Here is something I found just today. I wasn’t really looking for anything but stumbled across this.

    This was from 2008. Now everything that we bring up and that certainly was brought up in this trial

    was said in 2008. Had I known this, I would never have had my surgery. And I believe this is the famous

    Dr. Raz we hear so much about.

    So wouldn’t you think that the Urogyncologist board or the Urology board, I don’t know the official names, would have known about this? If I was a doctor I would research something a company tells me it’s okay to implant in my patients. So a J&J or BS or ….comes along and says, Doc this is a great product, go ahead and implant away. So the company is at fault, because they knew this but what about the doctors? Funny this article came out on 3/1/08. I had my surgery on 3/3/08. I did research on this procedure and at that time found just one woman who had complications. So I thought the surgery was safe.

    The last time I was in to see my urogyn, she put in a letter that the mesh itself is not causing the pain I’m having.

    Which is really not true because the surgery caused nerve damage and however this thing is anchored in me. Wonder what she will say after reading the verdict about this case.

    This article though really says it all.

    http://www.laborie.com/articles/complications-of-synthetic-mid-urethral-slings

  49. sandy says:

    Msm i had not heard that Endo was selling AMS Who are they selling them to will that affect liability?? I am worried!!!

    • msm says:

      Wall Street Journal:

      Endo Puts Medical-Device Unit AMS on the Auction Block

      All I have been able to find is that Endo and AMS will be forced to deal with ongoing mesh litigation, although it’s unclear which company will assume liability. I would think the SEC would hold ENDO responsible since they assumed the liability when they bought AMS three years ago. Plus, it hasn’t sold yet.

  50. just me says:

    I am in so much pain today and yesterday, and it is so much pain I can’t lay down, I can’t walk, I can’t sit, and nothing is helping. The spasms are bad too.

    Everyday is a pain day like none other, but this week, unbearable. We (the women who have Ethicon implanted inside our worn out bodies) are telling the truth. The pain is chronic, unbearable pain. These side effects are real. Loss of lie, jobs, homes, marriage, quality of life is REAL. These devices called mesh are death sentences, please, pull them off the market.

    Thank you to the attorneys who believed in us, and have fought so hard.

    Thank you Judge Goodwin for your patience and trying to understand it all.

    Thank you Jane.

    G-d is watching over you and over all of us involved for the greater good.

    I pray for all of you ladies every day. I KNOW you are telling the truth and that we need help asap.

    • Jan Urban says:

      Sorry you are having such a bad week with your pain. I can relate, I’m usually a wake for 2 – 3 days. It’s only when I’m exhausted do I sleep and not more than 6 hours. Then I start the cycle all over. I biggest fear is all the swelling in my legs and feet and abdomen.. Does anyone else have this side effect? Going to have exploratory surgery on the 15th of this month. I do not do well with the anesthesia have a lot of trouble with my oxygen level scared really scared of that. Try to relax if you can, it will take some of the bite of all that pain you are having away. tell yourself some stories of better times in your life and laugh. At least for awhile. My husband Jack told me this one. A man he works with is so slow that the guys shadow is quicker then the man. I keep laughing about that. Any how feel better. I’m listening and I care how you feel. Jan Urban

      • Jane R. says:

        Jan Urban,

        Your legs are swelling? Is it lymphedema? Within two weeks after my surgery my legs started to swell.

        I had lymphedema massage therapy at the time and it helped quite a bit. That was in 2008 and 2009.

        My lymphatic system was obviously damaged in my legs along with the nerves.

        Now I’m going to attempt to get therapy again starting tomorrow. Just to touch my legs hurts like hell.

        The copay is $40 each time I go so I had to space this out with my physical therapy and other appointments.

        My medical bills are over 11,000 this year with my copays and deductibls at $4,000.

        I’ve applied for disability and that’s a whole other story.

        • Jan Urban says:

          Jane R: Thank you for the info. My surgery was in December of 2011. This swelling started about 10 months ago. Extra water pill, support stockings do not help. Doctor’s do not say much. So I will bring this up at my next visit. Jan Urban

  51. robin says:

    Thank you Jane for the update! It really lifted my spirits as I lay here in the dark with my pain patch as ny new companion and not my husband. Thank god he loves me. I just hope someday they ban this shit from the market. I have written my letter to the FDA to reclaasify to a level 3 but it needs to be banned all together. I have put my life on hold cause I will not have anymore surgeries. Im glad we are starting to get justice and that all women can someday have the life we all dreamed about. Love your hearts! Thanks to Judge Goodwin too for helping see us women get justice and Jane thanks for your help in giving us a soft place to land. God bless everyone.

  52. All Meshed Up says:

    Thank you Jane for great reporting, as usual. Now if the major news reporters could do as you do we might see major changes.

    Although elated for the Huskey’s, I will not pop any Champagne corks any time soon. Until we see ALL Mesh Victims, that includes MEN and HERNIA victims, getting compensated for what has happened to them, we do not have a real victory. Time and again we have cheered about a Court case going the mesh victims way but there are so many more victims that need help! This one-sy two-sy settlements is great for THAT victim but the underlying problem is the hundreds of thousands that suffer from all types and manufacturers mesh.

    These TVT meshes are made of Polypropylene as most meshes are. THAT is the common problem with most mesh products and THAT should be the target for the complaints and lawsuits. Not telling the patient about the inherent problems of mesh is easily taken care of. Please read and sign this consent form. The Manufacturers and Doctors will be off the hook! More PP mesh products will then be implanted and any problems that occur are then the patients and no one else. What needs to be addressed is the material that is implanted. 100’s of 1000’s of meshes going bad, all using the same material should be the shining example of what mesh is about.

    But I doubt that will happen. When it comes to ALL mesh victims being recognized and compensated, the individual groups who represent victims of this mesh or that mesh, will not support or help others. Lip service, yes. Inclusion, no. There are are a lot of victims out there that need and want help. But we could only get 400 some odd people to sign the FDA petition. We are THOUSANDS and should stand, shout, petition, call representatives of our State and Country as one group. Not many small ones.

    Congratulations to Mrs and Mr. Huskey. I hope that they will be able to have some modicum of normalcy in their life now.

    P.S. To Kitty, the young lady who “talked” about Birth Control at the Democratic convention was touting ObamaCare and all of us paying for her pills or condoms. She estimated she needed over 300 condoms a year to protect her from getting pregnant. That is why she was compared to a “whore”. It was NOT because she was talking about Birth Control. She is still trotted out every so often to say that Republicans are taking away women,s rights to birth control, which is an out and out lie. We just question why WE the people should pay for YOUR pills or condoms instead of paying for them yourself. Best Wishes…….

    • Kitty says:

      All meshed up—–You apparently did not get the satire in my post. Masters and Johnson were the couple that revolutionized sex. The transvaginal mesh has been introduced thru a womans sexual organ and that in itself can be disturbing to some people. Did anyone get it?

      • Jan Urban says:

        Kitty: No I didn’t. Most of the time they refer this mesh being placed in the pelvic area with no mention of the vagina. Butt anyhow vagina or no vagina this issue should receive more attention.

    • Kitty says:

      To Meshed up_________I apologized for calling you a young men——–however I will not ask for an apology for YOU calling me a young lady—–I will say “Thank You” for the compliment. My———- you are so sensitive about women’s rights. I never used birth control pills—but I do think if T18 and T 19 will pay for YOUR Viagra—I should get birth control pills.(Satire) Now How do you like that? Kitty

  53. R.N. & RPh. says:

    Does anyone have a doctor that is treating the foreign body response (immune response) ? My wife and I have been talking to her explanting urogynecoligist who sidesteps the problem she is having with the retained mesh/arms.

    • msm says:

      I have the same problem. I think he doesn’t want to be seen as “anti-mesh” and be ostracized. But it is getting to a point where he can’t deny it. I am not letting him off the hook until he believes it exists as a result of PP. A rheumatologist has diagnosed me with UCTD( undifferentiated connective tissue disorder). An autoimmune disorder that I will always believe is from my immune system’s response to the mesh. You might want to check with an immunologist or rheumatologist for testing. Just a thought..?

      • R.N. & RPh. says:

        Thanks, but I’m trying to see if someone is being directly treated for a FBR to PP with a specific protocol. My wife suffers with intense flare-ups of intense heat and red splotches . We’ve talked to Internal Medicine, Uro., Rheumatologist & Immunologist about this problem. As soon you mention Vaginal fMesh they give the same response ” I’ve never heard of such a thing” and tell us to check hormone levels ; it must be menapause. What a joke!

        • msm says:

          I understand. I really hope you find someone. It’s maddening.

          • Jan Urban says:

            Most Doctors are not doing the Math. DENIAL If they would just take the time to read (Ah say maybe the articles in the MESH NEWS DESK) they might become enlightened and curious. There has been valuable information written here and factual . I have a package ready for my Doctor’s. Hopefully they will read them. I sit alone 24/7 (Husband works 12 hours a day to pick up the slack) forcing myself to suffer through my daily chores that I never gave a second thought. My Home and Gardens at one time could of won the GOOD HOUSE KEEPING Award. I loved taking care of everything and I spoiled my Husband. He would only help me with ten cords of wood each year. Now I Look around and it’s a disaster. I will not go anywhere for I have exploded in weight 55 pounds and I was well toned before this mesh . Anyhow BOO HOO, feeling sorry for myself this afternoon. Thanks for reading . Jan U

  54. Karen says:

    Rockville Centre, NY (PRWEB) September 08, 2014

    The preliminary objections of defendant vaginal mesh manufacturers Boston Scientific Corp., Ethicon Inc., Johnson & Johnson, C.R. Bard Inc., and American Medical Systems Inc. were overruled without prejudice by the Court of Common Pleas, First Judicial District of Pennsylvania (Philadelphia) on September 2, according to an order of the court filed in In re: Pelvic Mesh Litigation (case no. 140200829). The mesh manufacturers may still seek summary judgment on a case-by-case basis.

    • msm says:

      Wow! So all of the manufacturers got together to try to get all cases against all of them dismissed! That goes to show that they do not take any of the lawsuits seriously. They don’t respect the court either. They seem to be sitting back laughing at the whole process. The manufacturers think they are too big to lose. Over 100,000 cases worldwide currently yet they still claim no responsibility. They are making a mockery of the courts and wasting time. Sickening.

    • Kitty says:

      Karen–what does this mean? is it good or bad–I’m sorry I dont understand.

  55. AmyG says:

    Thank you jane. I just saw the good news as I’ve needed a break from things. Your work and time are greatly appreciated.

  56. All Meshed Up says:

    Of course the manufacturers want to do anything they can to thwart all of these cases coming their way. Throwing a few million dollars here and there is nothing to them and is already part of their budgeting plans. They give mass amounts to the FDA in the form of “grants” and “research monies” which may explain why the FDA does nothing. In the same way they give money to Doctors to do “research” and fund papers that are written by the Doctors to extoll the virtues of whatever medical device or pharmaceutical. The Doctor that was part of Ethicon,s defense against the Huskey’s is a perfect example of having Doctors on your payroll you can bring out for these trials. Although the Doctor has their own practice, apparently this does not constitute a conflict of interest.

    As has been said on here many times, it is all about the money.

    We have been used as Guinea Pigs by the manufacturers of Polypropylene Mesh for a looonnngg time. It has been coated, electro-cut, laser cut, the tacks have been changed, the design has been changed the procedure has been changed, the name is changed but the end results are the same. PP mesh is not a material you want in your body. We have been accused of being drug addicts or mental cases. We have been accused of wanting a malpractice lawsuit or just a disgruntled patient that wants attention. We have been told that the pain we experience is all in our head and the symptoms are a figment of our imagination. But the numbers of people, men and women, Hernia or Gynecological mesh, are just too large for this to be just a bunch of mentally twisted, drug addicted, malpractice seeking victims!

    The amount of money that the Mesh Manufacturers have put aside to fight all of these lawsuits should give any of their Stockholders something to worry about. If you have to put out that much money, for one product line, on hold for legal representation and damage control, there is something very wrong. Why the FDA or the DOJ do not see this or even care that there are tens of thousands of cases and victims is beyond comprehension.

    As always, Thank you Jane for all you do to report and help all of these women. Best Wishes……..

  57. Anonymous says:

    I suffer the same things as Ms Huskey. I even recall before all of the lawsuits my own spouse thinking I was nuts. I went to Emergency Rooms in three counties two states.(Spouses job loss in between my two surgeries had me moving) The ER’s were clueless about the mesh and had no idea what to do. Morphine would not touch my pain.

    How long will J&J Ethicon appeal? Obviously they care about the almighty dollar and could care less about pain and suffering and depressing issues of no more job or sex, on disability. Many spouses are added to the suit so that the woman can feel as if she is doing *something* to carry the load financially, I suspect. Disability pays me 200 dollars after they are all done taking out medical, thanks to the new ACA health insurance is much more expensive.

    I challenge these lawyers to live off of 179 dollars a month!

    How dare Johnson and Johnson play games when so many suffer. These many people cannot lie.

    I got free mini pads in the mail yesterday for urinary incontinence. I would have been happy to live with incontinence if I’d known my entire life would be ruined.

    If anyone would have ever, in any way told me; the Gynecare TVT mesh put into me, could not be removed by the same person putting it in. I would have NEVER!!! The gold standard my behind! The doc that put this horrible mesh into me LIED LIKE A RUG. Said he could fix it’s tight fit IN OFFICE. Said no one else had any problems. (When he nurse piped in and said what about blah blah blah?) She was not there on my umpteenth return visit of SOMETHING I S WRONG to my original TVT implanting surgeon. I was told I had every I tis (appendicITIS-DiverticulITIS and on and on! NEVER that the mesh was the problem. UNTIL a urologist injected me with steroids right in my pains trigger point (WHERE THE MESH WAS) and confirmed Mesh. It could no longer be denied. So my doc threw me off to a specialty hospital of urogynos called Duke University Hospital. I was scared beyond words and the nightmare never ends.

    The real news story everyone is missing is MOST docs are in on this nightmare for some reason. Does J&J/Ethicon threaten them? Is there financial gain?

  58. anonymous says:

    I am so happy for the justice served for the Huskey Family.

  59. Anonymous says:

    Jan Urban

    I have wondered if weight gain is much more than from remaining active. After my surgey my stomach and pelvic were so swollen. They never changed. Are any other TVT mesh sufferers having weight gain that is ridiculous?

  60. Anonymous says:

    Jan Urban

    I have wondered if weight gain is much more than from remaining unactive. After my surgey my stomach and pelvic were so swollen. They never changed. Are any other TVT mesh sufferers having weight gain that is ridiculous?

    • Jane Akre says:

      Almost everyone reports that ,,,, particularly in the gut. Swelling which is likely due to inflammation. That is my unscientific opinion…..~ ja

  61. Anonymous says:

    Thanks for your reply Jane. I thought so. There is no other medical explanation for it IMO. I thought it was lack of hormones after a hysterectomy. It is not. After the surgery, I was SO SWOLLEN in the stomach and pelvic area and it never went away.

  62. Milagros Murgia says:

    I am but a little peep in this thunderous roar. After many surgeries I need to be heard…..l’m not the woman I was.

  63. fran lane says:

    I’m excited and thankful for the verdict. But again, that is a very small amount in the big scheme of things. Congrats!

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