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169 Pelvic Mesh Cases Poised For Trial in PA Beginning This Fall

Philadelphia Court of Common Pleas

Philadelphia Court of Common Pleas

Mesh Medical Device News Desk, July 19, 2016 ~ The Philadelphia Court of Common Pleas has 169 pelvic mesh trials waiting for a date to begin with 14 already scheduled.

Most of the defective product cases name as a defendant Ethicon and Johnson & Johnson.

The Philadelphia Courts of Common Pleas is where Pennsylvania’s trial jurisdiction that have existed since the colonial charter of Pennsylvania.shanin specter kline specter

It is also the home of a state Mass Tort involving pelvic mesh implanted in women to treat incontinence and prolapse.

At the present time there are 169 cases filed awaiting trial.  The Master Docket for all pelvic mesh cases was established there in 2014 here. 

Fourteen of them have been scheduled for trial. Most name as the defendant, Johnson & Johnson and its medical device subsidiary, Ethicon, while a few mention CR Bard, Boston Scientific and Covidian.

Most of the plaintiffs are represented by Philadelphia law firm Kline & Specter. Attorneys handling these cases are Lee Balefsky and Shanin Specter.  So far they have a plaintiff-friendly record.

Plaintiff-Friendly Verdicts- $17 Million in Punitive Damages against J&J

The Philadelphia Court of Common pleas has seen two pelvic mesh trials so far and both had jury awards for the mesh-injured plaintiffs.

TVT from Meshed Up UK

TVT from Meshed Up UK

Carlino v. Ethicon got underway in January of this year. Ms. Carlino had been implanted with a TVT (tension-free vaginal tape) in 2005 and suffered complications.  Secant Medical of Perkasie, PA was also named as a defendant because they manufactured and sold the mesh components to J&J.

TVT is still referred by many doctors as the Gold Standard for treating incontinence but Shanin Specter of Kline & Specter said the company relied on biased research and the device was defective. The jury decided TVT was defective, as were the warnings to her doctor.

The jury came back with $13.5 million for Ms. Carlino, which included $10 million in punitive damages.

Prolift mesh kit, Ethicon, J&J

Prolift mesh kit, Ethicon, J&J

The first mesh case in this jurisdiction, heard in December 2015, Hammons v. Ethicon resulted in a $12.5 million verdict for Patricia Hammons, decided by seven women and five male jurors. That included $7 million in punitive damages, awarded to send a message to the company.

Hammons had been implanted with a Prolift mesh, used to treat pelvic organ prolapse (POP).

Prolift has been removed from the market by J&J, but according to the company it was not a product recall but rather based on “commercial viability in light of changing market dynamics and is not related to safety or efficacy.”

Prolift marketing story here. 

There are currently 169 cases pending in the mass tort program of this court.

 

judge mallet 200Trial Date Certain

The following have 14 pelvic mesh defective product trials have “Trial Date Certain” listed on the Courts Civil Docket while the remainder wait to be scheduled:

October 11, 2016 – B. Hansen VS Ethicon, Inc. ETAL, Kline & Specter  

October 24, 2016 R. Vanderveer vs Ethicon Womens Health and Urology, Kline & Specter  

December 5, 2016 – S. Beltz vs Ethicon Women’s Health and Urology, Kline & Specter

January 23, 2017 – T. Prochazka v Ethicon Women’s Health and Urology, Kline & Specter

February 6, 2017 T. Dempsey vs Ethicon Womens Health and Urology, Kline & Specter

February 6, 2017 – P. Tallo vs Ethicon Women’s Health and Urology, Kline & Specter

February 27, 2016 – S. Sullivan vs Boston Scientific Inc., Kline & Specter

March 13, 2017 – S. Collins vs C.R. Bard Inc, Kline & Specter

March 27, 2017 – C. Veliz vs Johnson & Johnson ETAL, Messa & Associates

April 10, 2017 – M. Engleman vs Gynecare ETAL, Stark & Stark

May 8, 2017 – E. Cederberg-Ebaugh vs Ethicon Women’s Health, Kline & Specter,

May 22, 2017 K. Adkins vs Johnson & Johnson ETAL, Kline & Specter

June 5, 2017 – D. Hubbard v Ethicon Women’s Health and Urology, Kline & Specter

June 19, 2017 – P. Blockus vs Ethicon Women’s Health and Urology, Kline & Specter

Mark your calendars!  Court Watchers would be most appreciated.

New Jersey Litigation

As of July 16, 2016, there are 1,024 cases involving CR Bard and 8887 against Johnson & Johnson filed in New Jersey state court   Multicounty Litigation assigned from Atlantic County to Bergen Co. in New Jersey, before Judge Brian Martinotti.  See
http://www.judiciary.state.nj.us/mass-tort/pelvicmesh/case_list.html

 

 

23 Comments

  1. K says:

    Jane, these are all state cases right not MDL cases ? Way to go Philadelphia! The MDL’s need to follow the state of Philadelphia’s lead.

  2. Diva648 says:

    is there a calender for Aug 11 cases to be heard in Charlestin WV ?

  3. Kitty says:

    My question..will out of state attorneys that women hire follow their client to their state?

  4. Decomposing in NJ says:

    Why is it still that Bergen County Courts New
    Jersey has not had any
    trials? The other states are hearing trials and are moving forward lining up new trials, and we have nothing ? Why ?

  5. Dakeys says:

    Only 14 !!!
    Thats very weak!!!
    This system is broken !!!
    What are we , Who are we , When are we, Why are we , How are we still waiting on these Billionaires blood money to provide for us and our FAMILES ??????
    This is one of the worst ideas Ive seen !!!! 100,000 women ????
    Just a bunch of scary , tail between their let’s stick mesh up there areasbunch of thieves !!!!
    Using women for profit and ALEX GORSKY and their INVESTORS never have to pay women !!!!!
    I CAN NOT WAIT UNTIL ITS THEIR TIME !!!!!
    BOY O BOY !!!!!
    LUCKY RATS !!!!
    WE NEED SOME EXTERMINATORS THATS NOT PAID BY BILLIONAIRES !!!!

  6. Decomposing in NJ says:

    Ok I will . I did . I know there is a new judge coming on board . I was told Judge Martinotti is leaving and becoming Federal Judge and Judge Harz is taking his place .
    There was a conference yesterday but nothing posted on the website yet .

  7. linda kb says:

    Is Florida cases in this and if my attorney is Potts law firm where are we on the schedule. Because I am so confused about this.

  8. Jane Akre says:

    Linda- If you click on the first link Philadelphia Courts, which is in red, the list of trials opens up. If you click on the number of the case, you can see where the person lives. It appears most women are from the New York, New Jersey area,,,,, and other NE states. Please insist your law firm tell you where you case is filed and the case number. You may be able to track it oneline.

  9. Anne says:

    I am on NJ case list, is that MDL or MASS TORT?

  10. ANNE says:

    Jane thank you for your reply, but I thought MASS TORT would be categorized as a first class action.

  11. Jenny says:

    The time this is taking is unbelievable. I have been part of this for several years now & find it hard to believe that J&J/Ethicon is being allowed to drag each case into court individually. They hurt so many women & should be made to pay without being able to decide if each case is worthy. I had to have the mesh removed & deal with daily pain as well as other issues from the damage that was done. Why can’t the judges see thru all the bullcrap & tell them to own up to their mistakes? They need to pay those of us injured.

  12. mary jameson says:

    I have had a suit against J and J for my mesh. It has been 4 years in June. What time frame (ball park guess) am I looking at? I live in Illinois

  13. Anna Daniel says:

    I can relate, my tvt-mesh nightmare mesh case is just dragging along seemingly it will not be settled until next year, I do hope I am wrong…when will I know more about settlement date?
    Anna D

  14. Ann says:

    I just got a letter with a matrix that is missing information I had previously provided, it says I must update and get back to them in 2 days from receiving it with proof. UGH! I cannot get official proof copies in 2 days time, hospital and Dr due to HIPPA require 7-10 days.

  15. TB says:

    ALL STATES SHOULD BE HOLDING THESE TRIALS! REFUSE THESE CHEESY RIDICULOUS SO CALLED SETTLEMENTS. I KNOW I WANT MY DAY IN COURT!

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