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Pelvic Mesh Trials Ahead

U.S. District Court, Charleston, West Virginia

Mesh Medical Device News Desk, May 31, 2017 ~ So far this 2017, the litigation in transvaginal mesh cases filed around the country seems to be picking up steam.

This after a long lull in proceedings.

Judge Joseph Goodwin had hoped to have the massive Mass Tort in his West Virginia court wrapped up by March. He had let out a long leash hoping both sides would come to the settlement table, but no progress was made that was evident to the patient waiting plaintiffs.

So here is a schedule of transvaginal mesh cases ahead that MND has been able to ascertain.  Please add your case here if we have missed any.

Trial locations are in various state courts as well as Bergen Co. New Jersey, Philadelphia, PA and Los Angeles.

There are 182 transvaginal mesh cases awaiting trial in the Philadelphia Court of Common Pleas, naming defendants, Johnson & Johnson/ Ethicon  Boston Scientific and Bard.

Philadelphia Court of Common Pleas

The next trials scheduled that show Trial Date Certain are:

June 19, 2017 – Blockus, vs Tissue Science Laboratories, Secant Medical, Prodesco, Ethicon Women’s Health and Urology, Case no. 130700707,  Kline Specter. **UPDATE** Blockus has been moved to November!

 

July 31, 2017 ~ Ebaugh, v Ethicon Women’s Health and Urology, v Prodesco, Ethicon, Gynecare, Johnson & Johnson, Secant Medical, Case No. 130700866, Kline Specter


Other trials scheduled for 2017 include:

 

July 2017 –  Boston Scientific trial in Los Angeles, Mostyn Law

October 30, 2017 – Plaintiff v C.R. Bard, Bergan Co New Jersey, Mazie Slater

November 27, 2017 –  Plaintiff v Ethicon, Bergen Co, NK, Mazie Slater

2018  Cases Set for Trial in Philadelphia

January 22, 2018, Bagwell v Johnson & Johnson, Trial date certain

January 22, 2018, Hespe v Boston Scientific, Trial Date Certain

February 5, 2018, Berry v Johnson & Johnson, Trial Date Certain

February 18, 2018, Carson v Johnson & Johnson, Trial Date Certain

March 19, 2018, Collins v Johnson & Johnson, Trial Date Certain

April 2, 2018, Dawson v Johnson & Johnson, Trial Date Certain

April 16, 2018, Eicholtz v Johnson & Johnson, Trial Date Certain

April 30, 2016, Ely v Johnson & Johnson, Trial Date Certain

May 14, 2018, Brenda French, Trial Date Certain

May 29, 2018, Lemieux v Johnson & Johnson, Trial Date Certain

LEARN MORE:

Philadelphia Court of Common Pleas- Pelvic Mesh Case List
http://www.courts.phila.gov/apps/clc/caselist.asp?search=pel

66 Comments

  1. Leticia says:

    Hi…I have a Mesh case Product liability case filed since January of 2013 against Johnson &Johnson/Ethicon. I have heard nothing from my attorneys. I call them and email them and seems they know nothing. Do you think I should switch attorneys? I need to stay hopeful. Please advice me. Not to sure what to do next. Thanks!

  2. Linda says:

    I live in Alberta Canada and Bard is settling with us for $4000 each minus fees and disbursements. Do you think this is a fair deal?

    • Jane Akre says:

      $4,000 each minus fees etc, about halved AND you can never file a lawsuit for problems again AND you cannot talk about it.
      Does anybody think that is a fair deal? Look at the assets of this company.

    • Bejah Butterton says:

      Absolutely not. I do not know the details of your case but is this what you think your life is worth?

      Bejah

    • Bejah Butterton says:

      How can you even ask such a question, consider it? Tell us of your case, your injuries and we will tell you what your case is worth!

      Bejah

  3. Wren says:

    I am aTvt survivor since 2007 .Had an 8 hour removal in 2012. Bottom line I have pudendal nerve injury since I woke up from the original installation of Tvt in 2007. The tvt advanced into the wall of my bladder. Undergoing Botox injections every 3 months now to “help” with pain management. I just received an indecent settlement proposal from my law firm. We will not accept!!! Upon the advice of my lawyer ( AKA our son) he advises that other patients seek legal advise. If you read the fine print in the settlement, there needs to be a majority of clients not accepting low ball settlements. This forces the Law firm to go back to the table for better negotiations . I will go to trial before I throw in the towel. Just a thought, maybe we need to see if the TV show “The View” to discuss this topic of mesh device debacle. Other thoughts???

    • Jane Akre says:

      My thought is The View as well as most shows are supported by advertising and they will not want to lose J&J as an advertiser… too many potential products. That’s at least part of the reason we do not see coverage in the U.S. then there is the word “Trans- Va – Ginal…” Oh my, They could say pelvic mesh, but “Trans-va-Ginal….” is something John Oliver on HBO would say… again and again!

    • Lori says:

      Wren,

      I have pudendal neuraglia also. I am still waiting to see what BS is going to offer me.

    • Bejah Butterton says:

      Glad to see you are handling this appropriately. If you can somehow, reach out to others in your situation and work out a strategy for responding to this.

      Bejah (With ya in spirit)

  4. Payton says:

    Hi Jane, I have a case against C.R.Bard I know they were sold to Becton Dickerson . It’s been since 2013 in south jersey , have you heard anything on when those cases will be starting and if the new owners will be assuming all of C.R.Bards cases . Thank you.

    • Jane Akre says:

      Tried to get in touch with BD when the sale was announced but no answer, it is assumed that a company buys the assets and liabilities but your lawyer may know best what’s happening during this transition period!

    • TortSupport says:

      As a member of a law firm, it does not appear that BD will have much influence over the majority of the active Bard cases. The merger is supposed to be complete in the fall and Bard is doing all it can to finalize most of the cases prior to it. In addition, we anticipate that it will be like when Endo Pharmaceuticals purchased AMS in 2011 – it will expedite the settlement process as the new company will be eager to finalize litigation on the purchased company. I expect that it will influence the IVC litigation more than the TVM, but hopefully for the better.

  5. SAD says:

    Jane, What about the trial of Adkins in Philly the trial started around the same date as Beltz? June 1st was trial curtain date is that not being covered too?? And what if our attorney changed Law Firms recently this year and we were not informed?? Not one time has the firm or attorney`s para legal has informed us. Are we still a client of the firm if the Lawyer changed firms? They don`t keep us in the loop of things and it`s sad because if it wasn`t for you we would have no way of knowing what is taking place. Calling them sometimes is a hassel and it`s like this isn`t right. I am one of them and the way it looks like it`s going it seems like it`s going to take years before I see a trial date curtain. And its already been almost 2 years since anything was done on my case. They tell us to be patient and it`s hard to do if we don`t really know what is going on. And we are silenced as you know what`s wrong with this picture yet we have one of the best Law Firms in the country. Every case is different but we are all injured beyond repair.

    • Jane Akre says:

      Adkins did not occur I don’t believe. It was scheduled for May 22. Hubbard, was voluntarily dismissed. Agreed, it makes it so much more stressful if you don’t know what is going on…..Glad you are trying to keep up. Are you filed in Philadelphia? Again, get your case number and try to look up your case. You will see which lawyers are still on it. If they leave they have to file a Motion.

  6. Anna says:

    I am a squeaky wheel but get no oil…

    My case has been ongoing since 2008
    And now am really perplexed…
    I have Potts Law and apparently awhile back, found out my former attorneys are no longer with their firm…
    My disclosure doesn’t give attorney
    names, and my mesh litigation
    center doesn’t tell me who my
    current attorney, is…
    I have a case manager, speak to a different case manager every time I ask
    for updates…recently mesh litigation
    states that my settlement offer should
    be soon, by July maybe sooner…
    Due to ‘hardship’ I have sought
    funding from the special master…
    no communication here…
    Can you give me any information as
    to what I should do next?
    .
    thanks much
    Anna

    • Jane Akre says:

      Exhausting isn’t it? I’m sorry you are being treated this way. for their 40% they owe you the courtesy of an answer. Get your case number and find out where it is filed. Let’s hope it is filed. We can pull it up and see who your law firm currently is. You deserve to know who is working on your behalf and whether they have all of your files? get back when you have your case no….

    • Anonymous says:

      Anna,

      I did a quick search for the firm you stated along with the term-MESH and got this…

      http://www.potts-law.com/global-ams-settlement/

  7. Kitty says:

    There is a global settlement for all manufacturers and cases per my attorney.
    .

  8. eric says:

    Hoping ethicon cases will get a move on. Involved in MDL 2327. Mesh eroded into interior and perforated colon and stomach. 5 days of intense horrible pain in ICU and holding my wife as she took her last breath from the massive infection cause by mesh. No money will bring her back, but someone should pay for her death!

    • Jane Akre says:

      I’m so sorry for your loss! I hope you have the very best representation you can find.

      • Anon says:

        Eric……………I am Sooo Sorry. Please scream your story from the hill tops when you gather yourself after your senseless loss. These manufacturers and some others doesn’t care and doesn’t realize the seriousness of their actions. They scornfully remark that we are lying about our pain/injuries. This statement is meant in no way to minimize your ordeal Eric, the truth is……………Mesh is slowly killing all of its recipients.

      • Bejah Butterton says:

        Absolutely!

        B

    • Kitty says:

      Eric…so sorry for your loss

    • Stopmeshimplants says:

      Dear Eric,
      I am very sorry for your loss. What a horrific way to die. You and your family are experiencing my worst nightmare. I am sending lots of prayers. This is just so wrong! Your wife’s story needs to be told. Again, please accept my sincere sympathy and know others are thinking about you.

    • Bejah Butterton says:

      Bless you Eric, I know all of our hearts go out to you as you continue to seek justice for your lost love. You will be with her again one day. Be strong for now.

      Bejah

  9. anon says:

    For those looking for the NJ court TVT Mesh cases. The website changed, it is difficult to find. Here is the new link

    https://www.njcourts.gov/attorneys/mcl/bergen/pelvicmesh.html

  10. Barbara says:

    Have any of you that have cases pending with Attorneys been told that J&J might use Statute of LImitations by your residing state to have your case thrown out?

    • lordhelpus says:

      I don’t see what kind of judge would condone crap like that. It’s not like the crap mesh that they made came with a limited time guarantee. It was supposed to be a lifetime guarantee, according to them. So if anyone breached, it was them…SMH

      • Still Standing says:

        Every state has a statute of limitations for medical devices. Some have two years, others five. You can look up your state here:
        https://www.mwl-law.com/wp-content/uploads/2013/03/statute-of-limitations-for-all-50-states.pdf

        Here is where it may come in to play in your lawsuit. The statute of limitations starts when you became aware that the mesh was the cause of your problems, not when it was implanted. A good attorney will attempt to determine that date. If you filed your lawsuit within the timeframe your state sets, then there should be no problem. Your medical records could help determine when you knew that mesh caused your problems. Here is something important to know. If you posted on any social media that mesh caused your problems , your date will start then. You have to report any social media where you mentioned mesh
        ( believe me, they have people who will be able to trace your digital footprint) . You will have to report that on your Plaintiff fact sheet. . Social media can be detrimental in this lawsuit. If you say you can’t go shopping with friends, then someone posts a picture of you out with friends, that will impact the value of your case.

        Determining if your case falls within these limits takes time. Your attorney will have to determine when you knew then they will have to plead the reason why your case should not be dismissed based on this information. If your case is not a strong one, they may decide the statute of limitations argument isn’t worth it. You need to have that conversation with your attorney as soon as possible. Mine cleared this hurdle very early in my case and they successfully argued why I should stay in the litigation despite being outside my states two year restrictions. I hope this information is helpful.

      • TortSupport says:

        I know this is a frustrating topic, but this is not a moral or emotional issue – it is a legal issue. Remember, a judge only enforces the law and some states have very different rules when it comes to statute of limitations (SOL). Some are more liberal and considered “discovery states”, meaning that the SOL begins to run from the time the plaintiff “knew or should have known” about a problem with the product, but some states have very strict SOLs that begin to run from the date of the implant or the date of the first revision surgery. Ethicon has been using TVM products since 1999, so you can see how that would be problematic for some clients. At least with many firms, the SOL of the resident state is not being used to throw out the case, but it can reduce the settlement offer. Should the plaintiff want to attempt to take the case to trial, it would be very problematic because Judge Goodwin has made it very clear that he is remanding the case (sending it back) to the court in which the plaintiff resides. Therefore, that state SOL rules would apply and could cause issues that would result in the case being thrown out or a strong chance for a defense verdict. It is just something to take in consideration when evaluating whether or not you want to accept a settlement offer. I encourage you to have a candid discussion with your attorney.

        • Jane Akre says:

          Hi Tort-

          How then is a SOL effected when the law firm never filed a case at all! Not even a short form as a placeholder ( which takes about 2 minutes). Doesn’t that put the plaintiff in a distinct disadvantage when it comes to a statute of limitations? Thank you. We’ve heard of many cases never filed, they were prepped for settlement only. Just because you have a case number doesnt mean it was filed! Look it up!!

        • Anon says:

          Remember………..Always consider the source and more importantly (Weigh the comments Carefully)

        • Kitty says:

          Many women were unaware that the problems that they were having was actually from TRANSVAGINAL MESH….”THE GOLD STANDARD…IMPLANTED BY HIGHLY RESPECTED MDs’ They would never dare question this fine surgeon about the “miracle cure. And further more back then..they would be labeled “histrionic and mentally unstable…and hypocondrical. Statute of limitation…I dare say…oy vey

    • Anonymous says:

      No. at the very beginning of my TVT Mesh nightmare and when I contacted a lawyer I was told I had a statute of limitation but that I shouldn’t worry-my health and upcoming surgheries were all that mattered. (I believe it was 3 years from the surgery) I filed right before my removal surgeries to ensure I was okay.

    • Bejah Butterton says:

      Jane, what does this mean? Please comment? Thanks.

      B

  11. TortSupport says:

    Well that can certainly be problematic, which is why we filed every one of our cases. But, if a case is not filed in the federal MDL, it is usually for two reasons: 1) it was filed in state court (usually in the state where the defendant was located) OR most commonly, it was made part of a tolling agreement. A tolling agreement stays a SOL, meaning that it pauses the SOL until an agreement is made, usually a settlement. If the parties are unable to come to a settlement, then the file would come off the tolling agreement and the firm would be able to file as if they were doing it the day the case went onto a tolling agreement. A tolling agreement is often ideal for both a plaintiff and their law firm as the plaintiff saves on court costs and the law firm saves on time & money as they do not need to do formal discovery.

    • Jane Akre says:

      Could you explain a tolling agreement, and what if her case wasn’t filed but she does not want that firms settlement $$…She is told her statute will expire if she doesn’t accept it. A form of leverage the law firm uses against her.

    • Bejah Butterton says:

      I am feeling really confused. Should i be filing in the state where I was implanted as well as in the Federal court? Should I be contacting a CA state attorney about this? I was implanted at University of CA Med Center at UCLA in 2010. I did not go seeking implant. I went to discuss my malformed kidneys I had just discovered. Now my kidneys are damaged every day I take the pain medication I need to live. Please can someone help me? Does anyone else find themselves in this situation? This takes “Life is not fair” to a whole new level I think and I am so tired of it all often I just want to curl up and go to sleep forever.

      Bejah

  12. Diva64 says:

    Recently received a package from my attorneys office with an offer part of an aggregate settlement , I called out of courtesy this week to tell them I do not accept. Not even considering holdbacks. I don’t know if they got 95% of the clients to accept I hope not as it was insulting to me as I feel it should have been to all the clients. Do you know what follows, and if your attorney has had it for 6 years can you then be dropped and how does statue of limitations then effect you should you be dropped after not accepting

    • Bejah Butterton says:

      Bravo for your courage and doing the right thing. I hope we can all find the strength you have shown.

      Bejah

  13. Tammy says:

    What about the Mullins Vs. Ethicon trial in Charleston, WV? It was postpone in March of 2017, when will it go to trial?

    • Jane Akre says:

      There were some settlements under way there I was told. At this time there are no trials scheduled for Charleston to my knowledge..

  14. Lori says:

    Why is Boston Scientific settling out of court, but not admitting anything?

    My attorney said that is what happening to me and my case. My case involves permanent nerve damage among other things.

    Why is BS settling with some and not others?

    • Jane Akre says:

      It may depend on your law firm and whether they have negotiated a settlement with BSC.

      • Bejah Butterton says:

        My guess would be what someone stated months ago….the less powerful law firms clients get the worst deals, the most powerful law firms clients do better.

        Bejah

  15. Patricia says:

    How safe is it to talk here? My lawyers advised me not to talk about it or join any groups. I need help. I have AWKO Law. I do not see my name on the trial list either. Anyone else have that law firm?

    • Jane Akre says:

      Please do not use your last name. H ave you looked up your manufacturer in WV if that is where you case is filed. Google so district WV and click on your manufacturer. Click in small print on numerical list of cases and put your name in the search bar. Is this where you don’t see your name? Or are you filed elsewhere?

    • Bejah Butterton says:

      Of course they do not want you to talk to anyone as it may reflect poorly on them and it impacts their control. Bastards.

      B

  16. Linda says:

    I have completely had it. My attorney got me an upfront loan to get the mesh removal surgery. Now mine has lagged on for years and I just asked for more money to move to Assisted living and was told I was maxed out. Yeah I am when they are charging$8000 every 6 months in interest! I am so ready to have this over. Just think I and my husband will be dead before my case sees the light of day. What can I do? My case is in WV, mesh was put in 2009 in Michigan and now I am in Florida. Whose laws apply?

    • Bejah Butterton says:

      Praying for you Linda.

      Bejah

    • Anonymous says:

      I tried to get an upfront loan and my attorney advised not to and would not sign off on the paperwork required to get money. My credit report is over 12 pages long of medical bills.

  17. Still standing says:

    Linda, what has happened to you makes me sick. Did you really mean that the interest is $8 thousand every six months? Did you only have one removal surgery? You said that your attorney arranged the surgery or arranged the loan. I’m curious to know if your attorney got a referral fee for sending you to the surgeon and the lawsuit funding company. Why did you not go to a doctor in your insurance plan network? Did any physician tell you it should not be removed?

    Was the surgery successful in relieving your complications? Sorry for all the questions, but there are so many things that send up red flags. Have you been offered a settlement and turned it down? I do think that the attorney and the loan company should be reported to the state attorney general in the state they operate from. This is so wrong on so many levels. If you only had one surgery, then you will probably not get any money when all is said and done because of the tiered settlements and all the money you have to pay your attorney and lawsuit funders. Can you name the lawsuit funding company that has your loan? These are shady practices that need to be exposed. Also, you will be under the laws of the state where the mesh was implanted, not where you live now. Hopefully, some readers here can give you some direction about what you need to do. You are in a terrible situation. I know it must be extremely stressful.

    • Kitty says:

      Dear Linda…my suggestion is to get a publicist…tell your story….they will help u publish a book
      Name names…get some smart people behind you. This is extortion

  18. Still Standing says:

    Bejah, it is originally filed in state court where you had the surgery done. Then, the MDL panel determines if they will send it to the consolidated federal MDL court, as most have been, or allowed to stay in state court. If it goes to federal court, your attorney will do all the paperwork. Still can’t figure out how they determine who stays and who goes. However, your attorney doesn’t have to live in California. You need experiencedMDL attornies, preferably one involved in current litigation.

    • Bejah Butterton says:

      Dear SS: Surgery done in CA (UCLA). Thanks so much, I am so tired it is hard to think these days. I am represented by Bernstein and Liebhard in NYC.

      Bejah

  19. Gail says:

    What law firm is trying cases in
    Philly?

  20. Anonymous says:

    Could an attorney or someone that knows comment on how many of these NJ court cases look to be settled, or not?

    https://www.njcourts.gov/attorneys/mcl/bergen/pelvicmesh.html

  21. By God's Grace says:

    AWKO is my attorneys as well. I was told they came to a settlement with BS but haven’t been given any numbers yet. My whole thing is I could be facing a whole other surgery. I been suffering since it was implemented in 2011 but I didn’t contact them till 2015, they filed my case in 2016 but I still having surgeries. I appreciate them working fast, but I’m a bit concerned. I’ve been reading how women are being forced into settlement and but by the time they receive anything it’s not worth the check it’s printed on. Not for the stuff we go through everyday. Is there a way to people more aware of what’s happening to us? I’m a fan of Rachel Maddow on MSNBC, I wonder if she’d do a story on something like this. I don’t know, I guess it’s really not political, but there’s got to be something. This just isn’t right. I want to have the right to reject the settlement if it is fair to me and have my day in court! After all they got to take a precious time from of me and my families lives without any permission…

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