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J&J Settles Third Round of Pelvic Mesh Cases

Protest in Charleston WV fed court, June 2015

Mesh Medical Device News Desk, March 28, 2017 ~ J&J (Johnson & Johnson)  has been the last company to come to the settlement table, but an unopposed motion announces a third settlement for an unknown number of pelvic mesh women. 

We don’t know how many women are involved or the dollar amount, but J&J has agreed to settle an unknown number of pelvic mesh cases.

According to Pretrial Order #250, filed in multidistrict litigation in Charleston, WV, Fleming, Nolen & Jez are the plaintiffs’ firm that has reached the Qualified Settlement Fund with Ethicon, a division of Johnson & Johnson.

The settlement has reportedly been in the works for some time, say sources.  It occurred as the Susan Smith case (here) was being prepared for trial in Bergen County, New Jersey before Judge Rochelle Hartz.

Smith v. Ethicon trial was initially set for November 2016 then moved to January of this year.

Filed Monday, March 27, PTO#250  is a Motion establishing the Qualified Settlement Fund. The unopposed motion is granted by Judge Joseph Goodwin, overseeing multidistrict litigation in his Charleston, WV court.

Byrd federal court, Charleston WV

Ethicon, a subsidiary of Johnson & Johnson has consistently had the largest number of product liability cases filed in this federal court. As of today, there are 38,035 cases filed with 5,547 cases closed. That number represents the lowest number of closed cases proportionately.

As of today there are 102,133 cases filed against seven manufacturers in this MDL where nationwide cases have been consolidated.

Since November first, 4,840 additional product liability cases, naming all seven manufacturers,have been filed in Charleston, WV court.

Scott Freeman of The Settlement Alliance of Houston is appointed as the fund administrator.  The settlement will be deposited in J.P. Morgan Chase Bank which will serve as the Esdrow Agent.  The Master Settlement Agreement must also pay into the MDL No. 2327 Fund.

The Settlement Alliance offers Structured Settlement Trusts to provide tax-free payments.

Scott Freeman, The Settlement Alliance

The Houston-based Nolan law firm had several hundred transvaginal mesh cases. It is unclear how many are included in this settlement.  George Nolan has a reputation of taking care of his clients and making sure they receive a just amount, says an unnamed source.

This would be the third settlement offer by J&J, which has been he firm least likely to come to the settlement table.   In January, J&J made an offer to settle up to 3,000 lawsuits for $120 million to resolve up to 3,000 transvaginal mesh cases.

Last September, J&J offered settlements to an undisclosed number of clients of Blasingame, Burch, Garrard & Ashley.  See the Mesh News Desk story here.  ###

55 Comments

  1. Pat says:

    Thanks Jane for getting on this so quickly.Hopefully,more details will come out soon.

  2. Kitty says:

    That is good news for women that have this Law Firm

  3. Cholsakorn says:

    What about boston scientific settlement

    • Sheila G. says:

      I have received two settlement checks from Boston Scientific since around the middle of February.

      • V says:

        Did u get a settlement from Boston scientific because your law firm negotiated for a group of their clients or was this an individual settlement? I sent paperwork in last October and November and have got nothing. Not even a word from my lawyer. I have Boston scientific.

  4. Still Standing says:

    Here is some disgusting news. j and J has posted details of the annual shareholders meeting in April. The board is recommending that Gorsky be compensated for this year a mere $22, 228,019.00 up more than 4 Million from 2016. That is hard to wrap my head around, but that is the vote. Also, J&J will purchase a Swiss pharmaceutical company , Actelion, for 30Billion dollars, that is billion. Entirely inappropriate. For those who plan to show. Up at the annual shareholders meeting, it will be available via webinar with online or mail proxy voting. This will no doubt decrease the number of shareholders who actually attend the physical meeting. Something to be considered it you are planning to attend to peacefully assemble.outside the headquarters.

  5. Anon says:

    Two Thumbs Up 👍👍 to the Nolan Law Firm.

  6. liz says:

    has anybody heard about the clients with WattsGuerra law firm against J & J/Ethicon

  7. "Sharon" says:

    The MAM group is planning to hold a protest outside the J&J stockholder meeting. Jane does have an article on it. It would be great if more of you would show up for it even if you do not have a J&J product

  8. Tiredofwaiting says:

    I wrote an email to the paralegal that was assigned to my case (there have been 5-7 different ones) inquiring about the next status conference as it’s been over two years since the last one. I was told by a new paralegal that I should be getting an email within the next two weeks regarding a status conference.

    It said that the are waiting for an update from the mesh claims center for any updates, but they are close to a “settlement deal”……I’m really afraid that they are going to give a low ball offer. I still have some mesh in me, they couldn’t get it all.

  9. Lisa says:

    What’s the Lanier Law firm waiting on. I guess I’ll just stay in PAIN THE REST OF MY LIFE. Had mesh surgery in 2009.

  10. MeshVictim says:

    Jane, can victims take this fight against mesh manufacturers in a different direction? We all see how powerful protests and media exposure can be. There are celebrities that promote J&J products that we can write to and let them know what kind of company they promote, I bet if they lost those celebrities, manufacturers would take notice. Is it allowed to take this to the media? I’ve been waiting for years to get this issue resolved w J&J.

    • Jane Akre says:

      We noted at one time Jennifer Aniston promotes Aveno products….why not reach out to her. Facebook,Twitter, her fan club….

  11. Becky says:

    I have the lawyers Kirkendalldwyer. I have been waiting a couple of years. I feel just hopeless. I really am pretty sure it will never go thru. There are settlements left and right and when I contact the lawyer they always say they are just waiting…

    • Joyce says:

      I have this law firm. I was recently contacted for updated information. I feel we will see something in the next few months. Fingers crossed!

  12. vicky says:

    My lawyer is Wagstaff and Carmel. I received a letter in the mail approximately 3-4 weeks ago requesting that I update them on any future surgeries I may need or new problems I am experiencing. They requested the letter be returned to them no later than March 13th. It was the first correspondence I have received from them in a year! So I was happy to finally be approached with ANYTHING. So, I got a little eager and called the law office and they said “something may be happening, because it was J&J/Ethicon requesting the updates “. They asked me to mail the documents back asap.

    • Jane Akre says:

      Yeah!!!! Something could be brewing!

    • B says:

      Oct. Last yr I did the updates Dec I signed my agreement to settle. Haven’t heard a thing besides now after they offered they need to except… grrrrr..juse wish I would hear something

    • Amy says:

      That’s the same law firm I use. I received the same letter. I filled it out and returned. Haven’t received anything since

  13. SHERRILL says:

    I have been waiting 6 years for a settlement. I have severe pelvic pain and unbearable back pain. I had my eroded mesh removed in 2015 and the couldn’t remove all of it. I had to have some of my rectum cut and nerves scraped. I saw another doctor last week, same hospItalian, but my doctor was no longer thereceive. The doctor I saw was so rude, he told me all the pain IL having has nothing to do with the mesh..I was crying my eyes out because I’ve never had this much pain in my life..I’m going to see a urogynocologist that specializes is mesh removal to see if I can get the rest out. But my lawyers have been dragging me around for 6 years, they said call them in 6 months that they put in an offer there waiting to see what it is..I’m so sick and tired I’d being dragged around and them not even telling me around the amount of money I would be receiving..all I know is it better be alot for all that I’ve been through. Has anyone else been waiting t h at long? Has anyone received any money yet?
    Thanks for listening!!
    Sherrill
    Boston MA

    • Jane Akre says:

      Sherrill- I”m so sorry to hear this story. Has the law firm even filed your case with the court? Ask them to provide you with a case number. I’ve heard from a woman getting the run around and she was NOT filed in the MDL in either manufacturer’s MDL. Please make sure yours is filed. If you’d like, I can provide some doc names who are experts in mesh removal…. janeakre@meshnewsdesk.com Write me.!

    • Kitty says:

      SHERILL. PLEASE DON’T FEEL BAD AND GET DOWN ON YOURSELF. THEY HAVE TO PROTECT THEIR BRAND. CHECK TO SEE IF THE DR IS A MEMBER OF AUGS…THEN STEER CLEAR. THEY WILL PROTECT THEMSELVES TO THE DEATH..

      • Still standing says:

        Kitty, many of the top mesh removal doctors are members of AUGS. Dr. Veronokis, Dr. Moore, Dr. Margolis, Dr. Una Lee, Lisa Goupta, Amanda White, etc. These are doctors from the facebook page where women recommend their removal physicians. It is more important for Sherrill to find a physician that she trusts , who is experienced at mesh removal,and who is focused on how to address her pain and other complications. There are many doctors including those who are members of AUGS who have made mindset shifts away from mesh. We should be glad they are members of AUGS as they can teach and inform other AUGS members.

        • Kitty says:

          Yes…I am aware of that.I know first hand Dr Margolis was called a “Quack” by a female Dr who was mentored by one of the most highly esteemed member of AUGS. My point is that most Drs’ will say that “the mesh is not causing your problems” …and the ones who do say this have a curious association with AUGs. And SS …also keep in mind…the settlement DOES not admit responsibility.

    • Still Standing says:

      Sherrill. There is no excuse for a doctor to treat you in that way. He is probably an insecure SOB who was too vain to tell you he didnt know the answer to your pain. Was he an older or a younger doctor? We can only hope that medical schools are teaching at least 30 minutes of Compassion 101. Seriously, medical schools have become interested in teaching doctors how to have compassion. How do you teach that? The doctor reponded inappropriately. So has your lawfirm. They have a responsibility to communicate with you, not the other way around. Telling you to call in six months is awful. Your injuries are valid. That doctor and your attorney not so much. Have you been exmined for pelvic floor dyfunction or any related pelvic floor disorder? That is certainly a risk after pelvic surgery. Keep a detailed record of what our pain feels like, when it is worse, what helps if anything. His will give a physician a necessary and detailed history of your pain.

    • kathrene says:

      I have been waiting since thew last part of 2012

  14. Still standing says:

    I’ve been asking those same questions of mesh women since I began posting here. Ditto on nutrition and other contributing pain factors.

  15. Kitty says:

    Does anyone know what “Global Settlement is?”

    • addison says:

      Hi Kitty. I think the term is used to describe a settlement that resolves all remaining or outstanding cases. In other words, the claims against one defendant, such as a large manufacturer or corporation, are settled at once. Take care.

  16. Hello My name is Janiqua Bolton and I have a story all thease woman that has lawsuits against Johnson & Johnson for the transvaginal mesh no one is hearing they story Im 35 years old and my life is over because of Johnson &Johnson.please I need you too hear my story it very interesting.please call 4044383155

  17. mary says:

    Jane, have anyone ever heard of the lawyer from denver reilly pozner my lawyer name is joseph zonies i have had them for about 4 years and i ask her have they heard anything she said J&J will be the last to pay out and she said that they have to take each one at a time i said you mean all the women that would take years most would be dead i am a little worried about this is she right i have another one with cook on pig guts she said they were just waiting for them to make a settlement she has not filed on that one does anyone know about this please let me know

    • Jane Akre says:

      It will be the last one, however, lawyers need to stand tough now, in my opinion. Rather than wait for the defense to make an offer, a tough negotiator gets tough. Otherwise their clients will be taken advantage of, potentially. .. all my opinion only.

    • Kitty says:

      Mary..Joseph Zones is on Steering committee and probably knows what us going on. He should be fighting for u.

      • mary b says:

        Kitty, what is steering committee has it something to do with the mesh his assistant said that my case was filed about 4 years ago there was a mix up with another claiming they had my case finally got that took care of so you have hear of joseph zones i did not know if he was any good or if i should change to a lawyer here in sc is it the best to stay with zones a class action or my home town lawyer thanks for looking at my comment

        • Kitty says:

          I believe the Steering Committee is the group of lawyers that decide what tier u are in they call the final shots…they are listed in the various MDLs…but who am i? I never studied law. I saw Zonies listed with the big shots. I’m sure u will make the right decision.

  18. Dakeys says:

    Last time u did the math . Slaughtering and butchering woman and thank god for $4000.00 dollar settlements . Go straight to hell Jnj .
    I can’t wait

  19. ANNA M says:

    Dear Jane Akre,
    My tvt-mesh ongoing agony is only getting worse, there is no solution,no help…i did get disclosure package, did all i was directed to do….amount of settlement was stated. The attorney fees, litigation and other fees plus any outstanding debts would be deducted from my gross settlement amount…since the submission of disclosure package, January 2017, i can’t get updates, and law office seems annoyed that i call them …
    this is a worry…I have mesh litigation through Potts-Law…any information you may have to share will be greatly appreciated…
    thank you,
    anna

    • Jane Akre says:

      Annoyed that you call them. You are in charge. This is your case and they work for you!

    • Still Standing says:

      Anna, it could be six months or so from you signing your settlement package that you receive your first check. When you settle, you are in settlement with all the other mesh clients of Potts lawfirm. That is how they negotiate settlements not individually, but with clients in a particular lawfirm who have the same manufacturer. Potts no doubt had to promise to bring a certain percentage of their clients to settlement and they are probably waiting to get that threshhold. Once that is done, the Special Master that is appointed will take over the disbursement. It isnt just about cutting a check.Here are the steps: 1. Gross award will be cut 40% to attorney 2. 25% of gross award will be held back for leins ( this could take a year or more) 3. Individual case costs will be deducted and then you will receive a first check that is 60% of gross minus 25% of gross minus individualcase costs. So, $50,000 would shake out this way: Attorney gets $20,000, $12,500 held back for leins, case costs will be deducted, lets low ball that at $5,000. So, your first check would be $13,000.or less depending on what your actual case costs are. $5000 is retty low estimate since you will have to pay around $2500.00 to common MDL fund. Your attorney probably has no idea when the check will be sent. It has a fair amount of accounting that goes with it and it someone else is likely in the drivers seat. If you have not received any money by August or september then you need to start asking questions.

      • Jane Akre says:

        Law firms can and should pay to the common benefit fund since it was their cost of doing business is my understanding. Please negotiate that if you can.

    • CLN says:

      I received a settlement disclosure letter in January. Like some of the other women have stated, by the time lawyer fees, court costs, and other fees deducted from gross amount, there is not much left of the settlement. There won’t be enough left over for future removal surgery.

  20. liz says:

    I HAVE HAD THE TVT MESH SLING TAKEN OUT IN 2015 .it was originally put in 2002.I have had as lot of problems. Even 2016 had to have the injection shots.now due to pain sitting and standing I had to quit 9work .When I call my lawyers office it’s the same thing told to me.It will be 4 years in october since my case was filed in court.I agree with every woman on her about how long this takes.It is an crying shame that j & j can do this to so many women.

  21. Deborah S says:

    Been waiting 6 yrs so far. AMS settlement year ago for replacement sling. JOHNSON AND JOHNSON Was original sling partially removed and sent to preserve..several mesh caused surgeries from original. Still waiting with lots of medical bills I can’t pay and LOTS of pelvic pain loss of bladder control and vaginally pain but J&J still getting stalling while I suffer! 20000 from AMS only half after fees. Low tier for them because surgeries from original sling!

  22. IVA P says:

    I have had a case since 2011, boston scientific. last update i called my attorney and they said possible negotiations coming soon. 6 years and who knows. ive seen most settlements have been 40000. means ill receive nothing. i took one of those pre-settlement loans for 4000 and the interest growth is killer. i have developed ulcerative colitis and crohns disease, which may or may not be attributed to it.

  23. I have 2 separate cases because mesh was used twice on me – 2 different brands by 2 different doctors. My first settlement was on the mesh that did NOT injure me, but was used to repair the injuries caused by the first. THAT settlement was for $9,000.00 and my lawyer Aylstock, Witkin, et al took 86% of my settlement check in fees. I received a total of $1,248.00 out of the $9,000.00. Can anyone recommend a GOOD DECENT lawyer for me to use in my Johnson and Johnson lawsuit? I’ve had to have 3 additional surgeries because of J&J mesh, the last surgery being vaginal reconstruction AND my partner and I went without sex for a little over FIVE YEARS because the mesh had curled up and dried out and was like a piece of Brillo in my vagina making sexual intercourse impossible.
    PLEASE HELP ME!!!
    I do NOT want Aylstock, Witkin, et al to take 86% of my J&J settlement.
    Would you?

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