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Mesh Maker Covidien Agrees to Settle 11,000 Claims

covidien and medtronic logoCovidien will settle some of the 11,000 pelvic mesh claims it has pending in federal court, Reuters reports citing court documents.

There is no word on the amount of settlement dollars being offered and no specificity on the number of outstanding product liability claims that will be included in the settlement.

This would be the third pelvic mesh maker that has entered into settlement discussions to end a number of product liability claims naming its products. Covidien makes transvaginal mesh and bladder slings that are sold by different companies, particularly C.R. Bard.

The majority of the 100,000 pelvic mesh product liability claims remain pending, many in U.S. District Court in the So. District of WV.

Last July, Covidien announced plans to take $180 million from its third quarter profits to pay the costs associated with lawsuits. Covidien also agreed to indemnify the maker from certain claims. See the Mesh News Desk story here. 

Indemnify means to compensate the party for its losses or to guarantee it will cover damages in the future.  See the legal definition here.

The $180 million charge reportedly came after discussions with plaintiff attorneys, Henry Garrard and Blasingame, Burch, Garrard & Ashley, P.C.

In a a pretrial order, Judge Joseph Goodwin writes Covidien has appointed Special Master Cathy Yanni  (PTO #181) to resolve the claims related to its product.

C.R. Bard is facing 11,656 product liability claims in this federal court.  This is the fourth highest number of claims among seven defendant companies. See. So District of WV website here.

Covidien History

Anti Mesh rally in WV federal court.

Anti Mesh rally in WV federal court.

Covidien was born of the business conglomerate Tyco International before being sold to Medtronic Inc. for $43 billion in a deal that merged two of the world’s largest implant and medical supply companies.

Minneapolis-based Medtronic then moved its base to Dublin where a more favorable tax burden is found, reports Marketwatch however technically Covidien is run from Mansfield, Mass.

Judge Goodwin presides over 75,000 cases against seven mesh manufacturers including American Medical Systems, C.R. Bard, Ethicon (J&J) Boston Scientific, Coloplast, Cook Medical and Neomedic.  Covidien is not named as a defendant but is named in some cases as a co-defendant (See Carolyn Jones 2:11-cv-00114, for supplying mesh to C.R. Bard).

In the Jones case, C.R. Bard is named as a defendant along with Covidien Inc. D/B/A Sofradim Production, a Delaware corporation with business located in Mansfield, Massachusetts.  Bard and Covidien designed, manufactured, marketed, packaged, labeled and sold the product. In her case (Jones) the mesh was the Avaulta Synthetic Support System. Bard and Covidien also make Avaulta Solo and Avaulta Plus meshes used to “restore normal vaginal structure after a pelvic organ prolapse.”

 

Settlements So Far

The Covidien announcement is the third mesh maker to announce mass settlements to the many pending plaintiffs, women injured by the polypropylene mesh implants. So far American Medical Systems (Endo) has agreed to set aside $1.6 billion to settle about 40,000 claims.  Recently, Boston Scientific announced it planned to settle some of its pending transvaginal mesh claims.

Johnson & Johnson has settled individual claims either preceding or during litigation (See Budke case here) but otherwise has announced no settlement plans.  Cook, Neomedic, Coloplast have not offered any settlements to women.

Judging from the SEC filings of the various companies involved there are in excess of 100,000 pelvic mesh product liability claims globally. #

 

 

LEARN MORE:

Covidien SEC Report, July 11,2014

http://www.sec.gov/Archives/edgar/data/1385187/000138518714000025/cov-2014071114x8k.htm

 

So District of WV, PTO # 182  (2:10-md-2187, Bard MDL filing number)

http://www.wvsd.uscourts.gov/MDL/2187/pdfs/PTO_182.pdf

 

So District of WV PTO #181- Entered June 23, 2015

http://www.wvsd.uscourts.gov/MDL/2187/pdfs/PTO_181.pdf

 

Medtronic SEC Report, June 23, 2015  – on indemnification

PTO #180 Qualified Settlement Fund, entered June 23, 2015

http://www.wvsd.uscourts.gov/MDL/2187/pdfs/PTO_180.pdf

 

 

21 Comments

  1. ed says:

    I’m curious to know why you don’t post more information on the mesh settlements and pay outs that I’ve read about that are suppose to be happening now ? I’ve tried calling my attorney and can’t seem to get through. They will not pick up their phone. I find this to be very strange and unprofessional. Any ideas ? Thanks.

    • Jane Akre says:

      mesh settlements are confidential so folks are scared to talk.

    • ed says:

      So you have no information for me ?

      • Barb says:

        I agree with you ED~~After these settlements are made why is it not public knowledge what the injuries are what the settle is broken down including injuries, ages and attorney firms. Can’t this be done with out having full knowledge of the client?? They publish all court cases of the client and company and attorney’s, even though it would not apply to us being in an MDL!! We will never have that seat in court t tell our stories and if they are being awarded monies for past.future medical cost wouldn’t it only be fair for us as well?? I say what goes for one in court should also apply to those who participate in these MDL cases!

    • Shawn says:

      I just received my letter today. It told me to be patience, and that’s what my attorney has said from day 1.

  2. K says:

    So are these CR Bard cases then?

  3. jbroken says:

    AMEN TO JESUS!!!Its about time, I need surgery too so I hope us women can get their part soon. I’m suffering like all of u angels. We will survive this in Jesus name AMEN!!WHAT A DAY TO REMEMBER.

  4. msm says:

    […]

    “Two subsidiaries of Covidien supplied pelvic mesh products to one of the manufacturers named in the litigation and Covidien is indemnifying that manufacturer on certain claims. In addition, the Company believes that this manufacturer has an obligation to indemnify Covidien with respect to the promotion of the pelvic mesh products.

    […]

    It almost sounds like Covidien agreed to compensate the manufacturer to which it supplied the products. (Bard?)

    Then Covidien wants compensation from the same manufacturer for promotion of the products.

    Confusing ! It’s like they’re pointing fingers at each other.

    I also wonder if Blasingame, Burch, Garrard & Ashley, P.C.is the only firm representing plaintiffs against Covidien or if they are negotiating on behalf of all of the firms handling cases against Covidien.

    Another wonderment is if Covidien settles a claim that also names Bard, does the case continue for that plaintiff against Bard? Or can a new case be filed against Bard? Or is this Covidien shouldering the responsibility for those cases and letting Bard off the hook in those cases? The plot thickens……

    Thanks for another great article, Jane. Maybe now Bard will settle up its part and plaintiffs (who agree) in MDL 2187 will all be compensated (never enough but compensated none the less.)

  5. jbroken says:

    Once settled cases with these company are reached. What is the timeline for plaintiffs to receive theirs in Florida law allows? Could someone that knows give us headsup. Thank u an “HAPPY FOURTH OF JULIE” TO ALL GOD BLESS!!!

    • Jane Akre says:

      That’s a question for your lawyer…. and tell them hurry up! No need to delay any further….

    • Barb says:

      JBROKEN AMS agreed t settle cases in 2014, recieved my letter to join the MDL (having faith in my attorney firms) the letter was sent back to them In January 2015. In my MDL they are handing 300 at a time review 2 by doctors then will get a letter to go over injuries, then send back to Special Master their goal was to start distributing monies by November however everytime I talk to someone about AMS they tell me how hard they are working they claim there is no order. But what I don’t understand and been trying to find answere;s to are their categories of injuries, what they mean, and sing a point system for injuries sustained.

  6. kitty says:

    Happy independence Day!! Is this some kind of sick joke with Covedien? TELL ME ITS LIES. 180 million between a

    11 thousand women?

  7. kitty says:

    WE WILL SURVIVE

  8. donna says:

    i just dont think its right , for them to keep us wondering any longer !! this mesh i have in me cannot not be removed due to growing inward on my bladder , i have so much pain that it caused me to get a divorce because , it hurt like hell !!! to have intimate relations with my husband ,, i think they need to publically appolozize to the women they have harmed and the lives that where destroyed when we had trust in the medical system ,,,,

  9. jbroken says:

    So agree with an apologies. Yes they owe that too for real.

  10. Kitty says:

    Did you check with the experts (only a few in the US) on removing the mesh into the bladder? I know it is costly to go out East or out West to see the best—really no pun intended–it just came out that way—————–but in the event that UCLA finds that polypropylene mesh does cause autoimmune illness—–we need to try to get to do whatever we can to prevent further dfamage.

    • jbroken says:

      Was this device used in 1999, and when did it frist come out with it I should ask. I was hurt by something like that.

  11. jbroken says:

    I’ve seen where lower amounts were disclosed. But high end must not tell. Others that got hi-end in courts for proof of bad doings by manufactures did, cause open to public. I do know medications are not public not less u speak. So I figure that to be the case. If I’m wrong correct me. Thank u GOD BLESS US

  12. jbroken says:

    Litigation aren’t public not less told as well as mediation. I believe cause I did those in other situations an others didn’t know.

  13. Jaque says:

    I am in a lawsuit for Coviden formally Tyco, I have heard nothing about this from my lawyers, I have complications like auto immune but cannot afford the cost of testing as I have now lost my medical insurance, also I cannot walk on my left leg now. I am finding it a struggle to get any info from my lawyers, is this usual?

    • Jbroken says:

      Is there lite at the end of this tunnel. Anyone got any more info on what’s going on. I sure could hear some good news about when they are planning to send our settlements out this year. Thanks

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