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Mesh Rally Rescheduled Around Edwards v. Ethicon Trial in August

Campaigner in WV

Campaigner in WV

Mesh Medical Device News Desk, May 16  2016 ~ It’s been rescheduled at least five times before. 

The case of Edwards v. Ethicon (Case No. 2:12-cv-09972),  filed in multidistrict litigation in Charleston, WV, which was scheduled for June 3 for jury selection with the opening scheduled for June 6 Monday, has been rescheduled. Again.

Now the case of Edwards v. Ethicon is set to be heard in federal court before Judge Joseph Goodwin with jury selection scheduled for Friday, August 12 and opening arguments on Monday, August 15th.  There is also a slight change the opening arguments could begin on Friday if jury selection goes smoothly so if you want to watch the case, it is advisable to be there then.


MAM RALLY

As a result, the mesh rally scheduled for June has also be rescheduled. Women and their families impacted by mesh plan to be in Charleston for a dinner and rally Friday night and a presence Monday morning.

MAM or Mesh Awareness Movement brought awareness to the mesh issue in  2015 when a couple dozen folks from around the southeast, showed up in front of the Robert C. Byrd courthouse to raise awareness of mesh complications.   Too often the media has ignored this story, even Charleston WV media, including the CBS station, for example, which is a stone’s throw away right next door to the courthouse. But the media turned out in June 2015 and there were several stories as a result.

Plaintiffs' lawyers filing into Charleston court.

Plaintiffs’ lawyers filing into Charleston court.

 

EDWARDS V ETHICON

The defendant corporation is Ethicon, a division of Johnson & Johnson, the manufacturer facing the largest number of mesh cases consolidated in this federal court among seven manufacturers. Tonya and Gary Edwards of Georgia are the plaintiffs.

This is the fifth delay for this trial as both sides seem to be inching toward settlements, with J&J/Ethicon still, at least publicly, planning to fight each plaintiff in court.

Ms. Edwards was implanted with a TVT-O by Dr. Harold Wittcoff.  Court documents show Ethicon attorneys, Christy Jones and Dave Thomas, want to exclude the expert opinion of Dr. John T. Steege, who would testify TVT-O was defective and caused her present day pain. Defense used Dr. Elizabeth Kavaler, previously seen in the Gross trial, to issue an expert report as well as Dr. Stanley Zaslau.

The TVT-O has already been found to be defective in this same courtroom before Judge Joseph Goodwin in the Huskey v. Ethicon trial. See the background story here.    Also in the Linda Batiste case in Dallas in April 2014, the jury concluded the TVT-O made by Ethicon was defective and awarded Ms. Batiste $1.2 million. See the story here.

 

MAM RALLIES GETTING STRONG

Last June 2, Mesh Awareness Movement (MAM) brought women and their families from Kentucky, Ohio, Pennsylvania, Florida and beyond to join in solidarity and send a message that pelvic mesh should not be allowed to continue to injure unsuspecting women and that mesh manufacturers need to financially care for the women they’ve harmed.

A dinner is planned Friday, August 12 with the rally beginning 8 am Friday morning in front of the Robert C. Byrd federal courthouse.

Anti Mesh rally in WV federal court. June 2015

Anti Mesh rally in WV federal court. June 2015

“Exciting” is what women told Mesh News Desk last year. All of the television stations were here and we will be featured on their noon news.  Finally we are getting the attention we deserve and the message is getting out,” said organizer Lisa Mason.  

Pelvic mesh, used to shore up pelvic organs, was never approved for safety or efficacy by the U.S. Food and Drug Administration. Instead it was approved for sale by the FDA 510(k) approval process that does not require any clinical trials. Assurances of safety rely on the integrity of the manufacturer.

Husband protests

Husband protests at Mesh rally, Charleston, WV, June 2, 2015

Litigation was consolidated in federal court in Charleston by the Judicial Panel on Multidistrict Litigation in January 2012.

Since then, seven manufacturers now face more than 90,000 lawsuit alleging they sold defective transvaginal mesh which was promoted to doctors as part of an aggressive, yet deceptive campaign. The plaintiffs allege defective manufacturing instructions to doctors and a breach of warranty, negligence, fraud, and more.  They are asking for punitive damages.

MAM rally participant, June 2, 2015

MAM rally participant, June 2, 2015

Only American Medical Systems (AMS) has offered mass settlements to women, though many women tell MND their settlement amount is as low as $5,000 after legal fees are paid and any existing liens.

As of April 27, 2016, there were 90,131 cases consolidated in the Charleston court before Judge Goodwin, the largest mass tort ever assembled in one courtroom. They include:

C.R. Bard        13,429

AMS                20,155

Boston Sci      20,830

Ethicon           32,672

 

.

Coloplast          2,425

Cook                    487

Neomedic           133

 

 

 

LEARN MORE:

Edwards v. Ethicon – Doc #1 Complaint Ethicon

Soon to  be scheduled, Mullins Et al (Case No. 2:12-cv-02952) Mullins case 37 plaintiffs,

Mullins complaintJuly 11, 2012, U.S. District Court, Southern District WV

TVT-O Found Defective, Mesh News Desk, April 2014, Batiste case
http://www.meshmedicaldevicenewsdesk.com/batiste-trial-ends-with-defective-tvt-o-pelvic-mesh-jury-award-1-2-million/

Mesh News Desk, Huskey Verdict, $3.27 Million, TVT-O Defectively Designed, Sept 2014
http://www.meshmedicaldevicenewsdesk.com/awesome-jury-deciedes-for-huskey-3-27-million/

Mesh Awareness Movement on Facebook
https://www.facebook.com/groups/MeshAwarenessMovement/

 

31 Comments

  1. Lisa says:

    We will keep rescheduling, we’re not going away until our voices are heard, justice is served and the mesh manufacturers take their defective mesh implant devices off the market!

  2. Tammy says:

    Omg how can this still be going on why aren’t these people in jail this is beyond crazy god please help us amen

  3. Godhelpus says:

    OBSTRUCTION OF JUSTICE=JnJ trying to make a mockery of our justice system by “mysteriously,” or shall we say, “conveniently” disposing of incriminating evidence…look guys, all we have left is the law on our side, but if even “THAT” is broken…….

  4. Mary says:

    This is an a life and death situation against many of us yet no one seems to really look at the criminal offence against these companies. I am not so much worried about the money at this point any more because we’re not going to get any much after everyone else get their part. It’s the fact that they are getting away with it and I feel like someone with a higher power should step up and give real justice. There is no justice in this world why vote for anyone they don’t care about the people all they care about is position, power,Money. Not humanity changing the world

  5. Mary says:

    If you notice how quickly Johnson and Johnson responded to the baby powder lawsuit. It was on the news they are going to drag this litigation out until the Judge gets tried and throws some more cases out. Only God in heaven can help us!

  6. Anon says:

    Wish we could get one of the major news networks to look at these videos…
    Prolift http://meshcomplications.com/ Mazie Slater Katz and Freeman attorneys have posted video depositions of some of the Ethicon employees, developers, sales people, etc….it is very disturbing and heartbreaking what they knew and when they knew it!

  7. K says:

    Judge Goodwin, I thought these were supposed to be bellwether cases. If the defense keeps settling as the trial approaches then how will these cases ever be resolved?

  8. Janis Urban says:

    This MDL is more like Lets Make a Deal? The Shell Game comes to mind. Now you see and now you don’t? I do not not see any appropriate benefit for the injured. Justice is certainly Blind.

  9. Kitty says:

    I never realized that the toe bones are connected to the hip bones and blah blah blah. Gimme me a bottle of talcom and I’ll take a ride on the quick train.

  10. Kitty says:

    What I should say Gimme me a ride on the talc plane…I ain’t got time for a mesh train.

  11. Olivia says:

    Why hasn’t the vaginal mesh made thw news? Evidently it is not as important as other smaller lawsuits. It has been about 5 years since I had the vaginal mesh sling. I had no other option than to borrow $2500.00 from Diamond Financial to pay for an appt. with a urogynocologist, that $2500.00 is now up to almost $9000.00. The longer this lawsuit goes on the higher the interest rate is for me. I will end up getting nothing!!!

    • Still Standing says:

      Olivia, that is just terrible about your “loan”. I put it in quotes because they have not loaned you $9,000.. They are low life bottom feeding sharks and you should report them to the better business bureau, and state and federal banking authorities. They are unfortunately not regulated in the same way banks are, but you should make yourself heard. Are your attorneys aware that you have this “loan?” They should be informed about what is happening and perhaps advise you how to deal with it and the interest debt that you owe. They will need this information anyway when you do receive a settlement package from them, so, perhaps they can give you some advice. It is just an added worry that you dont need right now. Have you been able to see the urogynecologist for post mesh care, or was it just for that one appointment? What complications are you having now with your sling or did you have it removed yet continue to have pain and other complications? Hang in there, Olivia. Hopefully you will get a resolution soon.

      • Kitty says:

        SS thanks for your info to Olivia. She will end up with nothing for her injuries. Most attorneys will tell u early on not to do that. But how can she be taken care of? It is true that “Afffordable
        Care”is a cruel hoax.

      • Olivia says:

        Still Standing, I have tried to contact my attorney’s office and their number is no longer in service. This is really scary….I can only speak to the Mesh Center and all they can tell me is that my case with Boston Scientific is in negotiations. I always kept in touch with a lady by the Name of Angie that worked at my attorney’s office, she is the one that told me that if worse came to worse I could borrow this money from this company so that I could see a Urogyno. from what I was told Angie no longer works for the company.

    • Barb says:

      Olivia, I had thought about doing the same thing however they wanted my attorney information and how close to resolving my case. So when you borrowed money to help with living expenses which I completely understand, were you asked where your case stood?? Any attorney information?? It appeared to me that my attorney would have to okay the transition had I followed through. Thank god I never did!! Yes, you have to make this known to your attorney’s unfortunately this will be paid out of your settlement. Good luck!

      • Olivia says:

        Hi, Actually I took this loan to pay to see a Urogyno, I had no insurance at the time. I was always in contact with my attorney’s office and the person
        that I always kept in contact with knew my situation and she just gave me an option to borrow the money. I really wish that I hadn’t taken this loan out, it is going to cost me dearly if I get any compensation.

        • Olivia says:

          Barb, I was never asked where my case stood, this loan that I got was about 3 years ago, I have not heard a word from the company that I took the loan out with, I called to talk to Angie she is the one that I always kept in Contact with. I keep trying to get in contact with my attorney at Potts Lawfirm, their number is no longer in service. Are you able to keep in contact with your attorneys office Barb? I am able to talk to the Mesh Center? I think that’s what it’s called. I really want to get the info on this company that gave me the loan.

  12. jan says:

    I really believe they are praying that we die from complications ftom the mesh.. Some have and our families will never let it die..
    I really do not understand why the federal court would let these trials keep on being push back..we will never see justice if this keeps on.. all the money these manufacturers waste in court should be going to settle these cases instead of these manufacturers bragging how much they are spending to fight.. that’s really a slap in the face to there company and stock holders.. stock holders really need to start pulling out of these companies. .invest in a company that will be honest and stand up to there wrongful ways to the public

  13. Dorothy G says:

    Why are some women’s cases worth 11 million,another 8 million,and AMS is going to give women 5k. Let me see if I get this right some of us r being treated like a $20.trick and others like a high price call girl when placing a $ amount on their vagina. Do they still make rope,there just might be a few gals and their men offended enough to string someone up. I bet we can find some that would think that was down right insulting !!!

    • Jane Akre says:

      Generally, one has a better outcome at trial than through a settlement. The best thing about a settlement is that it is done sooner. and industry knows most people want this done, no matter how insulting. The fact that companies are appealing and dragging women further through the appeals process and the mud as they are is adding insult to injury.

  14. K says:

    Wouldn’t sign so attorneys wouldn’t get a dime.

    • Jane Akre says:

      Interesting, Will they continue to represent you?

      • K says:

        Not a clue but it just isn’t right when we are suffering and they get so much more money when it’s all said and done than the injured. I just wouldn’t sign settlement papers to end up with $5000.00. That is not justice.

  15. Bessie says:

    Can we write the president it his obligation to take care of us too. If soldiers were given medals because they are heroes. Why not us?

  16. Robin says:

    Keep delaying Johnson & Johnson it just gives us women more time to gather more women to rally in West Virginia and show our support to the women that’s been affected by transvaginal mesh you bastards have destroyed evidence destroyed lives and you continue to get away with it keep delaying it because we’re just getting madder and madder and stronger and stronger and eventually Johnson & Johnson you will come down just like David and Goliath we are David and we are going to take you down Johnson & Johnson because you think your Goliath but we will come out in numbers so keep delaying all you’re doing is sealing your fate!

  17. Anon says:

    7/25/16 8:30 am ethicon mdl wvsd.uscourts.gov bellwether trials Edwards v Ethicon has been dismissed.

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