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Sherrer Boston Sci Bard Pelvic Mesh Trial Finally Goes to the Jury

boston sci tweets*Update- Tuesday morning,  Jury has this case now and a verdict could come at any time. Jurors wanted to see medical records though we are unclear what they asked for specifically.   Missouri Lawyers Weekly reporter Jessica Shumaker is in the courtroom.

She tweeted in the closing that Dr. Shlomo Raz in a taped deposition said the pelvic mesh injury rate could be five percent and “In the long term we have created a monster.”

Jury had requested medical reports from Dr. Vladimir Iakovlov, but the request was denied. The information was for demonstrative purposes only they were told.   However, MND covered the November 2014 Boston Sci trial where Dr. Iakovlov appeared on the stand. He authored in 2013 “Mesh is Not Inert” and showed jurors a picture of mesh that hardens like a piece of plastic and incites inflammation causing scar tissue that encapsulates mesh as it tries to distance itself  from the invader.  See the study here.

Waiting now Tuesday afternoon for a verdict.  Here is Monday’s story:

Mesh News Desk, February 1, 2016 ~ It may be the longest transvaginal mesh trial in history- beginning December 2nd, breaking for the holiday, the Sherrer case is just today wrapping up and going to the jury.

It  may also be notable in that it broke new ground in what online and social medical can and cannot do in reporting a story. See background stories below.

Mesh News Desk today has an eye in the courtroom in the form of Jessica Shumaker, reporter for  Missouri Lawyers Weekly who is sending live Tweets from the courtroom!!

 

 

Follow here tweets here:

https://twitter.com/ShumakerMLM

https://twitter.com/search?q=shumakermlm&src=typd

Also look at the Twitter hashtag   #kcmesh

 

BACKGROUND STORY

Eve Sherrer, 65, has both the Align and Solyx polypropylene mesh implants made by C.R. Bard and Boston Scientific to treat her pelvic organ prolapse.  This is the first case to put two defendants on the defense at the same time.

Ms. Sheerer, art by Akre

Ms. Sheerer, art by Akre

Thomas Cartmell, for Plaintiff

Thomas Cartmell, for Plaintiff

Attorneys Grant Davis and Tom Cartmell represent Ms. Sherrer and conducting the closing.  Davis asked the jury what conduct is expected of a medical device company.  Consider Ms. Sherrer’s condition, she has groin pain infections and a gait change. Davis suggests $10 million for damages from the last five years post- surgery, and $18 million for the rest of her lift.

Davis said Bard bought polypropylene resin from a third party.

Lori Cohen, attorney for C.R. Bard

Lori Cohen, attorney for C.R. Bard

Lori Cohen for C.R. Bard said mesh from a prior surgery is the same type plaintiff has been critical of and jurors will have to decide if her claims could be due to that mesh.

Cohen “Your body is your most precious asset. Would you entrust your body to lawyers or to doctors?”

Robert Adams, Shook Hardy

Robert Adams, Shook Hardy

Robert Adams for Boston Scientific told jurors the case is all about money and it doesn’t meet the standard for punitive damages.     He said that Sherrer had abdominal mesh from a surgery in 1998 and that wasn’t disclosed until the fifth week of trial.

Adams:

Why are plaintiffs trying to induce sympathy/anger? “They know you don’t make sound decisions when you’re angry or sympathetic.”

The plaintiffs in this case must prove, by the preponderance of the evidence, that the Solyx and Align are both defective and caused physical damages to Ms. Sherrer. They must also prove that the alleged failure to warn her physicians about the risks, caused her damages. The jury also has the opportunity to award Ms. Sherrer punitive damages, which have typically run into the millions of dollars.

C.R. Bard recently paid compensation of $3.6 million to the first pelvic case to go to trial in a Bakersfield, California courtroom.

Boston Scientific recently received a favorable jury verdict in the Martha Carlson case in Statesville, North Carolina (here), while also in October, the company was denied a new trial in the highest verdict yet in pelvic mesh litigation – the $100 million Barba pelvic mesh case.  See the story here.

 

See more Tweets here:tweets

LEARN MORE:

Opening Arguments Sherrer Trial, December 2, 2015

http://meshmedicaldevicenewsdesk.com/sherrer-v-boston-scientific-et-al-2-meshes-trial-underway-now-in-kansas-city-mo

MND Denied Access to Trial

http://meshmedicaldevicenewsdesk.com/mesh-news-desk-denied-access-to-sherrer-pelvic-mesh-trial-in-kansas-city

MND, Dr. Raz Contributed to Sherrer Injuries,  December 3, 2015

http://meshmedicaldevicenewsdesk.com/dr-raz-contributed-to-plaintiffs-injuries-not-defective-mesh

9 Comments

  1. Pam says:

    Wow!!! She has 3 different MESHES?? Very interesting, & wonder how that was just found. Certainly does put a spin on the entire trial and credibility. Although, I’m certainly aware that not all MESH is the same, & that not everyone responds to MESH as others may. Makes one wonder if it’s the counterfeit MESH that’s caused so many issues & not others. In addition to the area that MESH has been implanted should definitely be taken into consideration.

    Really have been wishing we could have had full coverage on this trial.

    Jane, have there been any others writing or covering the trial? I looked at the profile of Jessica, & wanted to read her additional coverage but it’s a subscription site.

    Anyone know why we must pay for a subscription for trial coverage?

    Prayers that there’s a favorable jury, & they can see through all the lies & deceit

  2. karen says:

    Time to finally pay all women for all vaginal mesh right now . No better time then the present . Makes no sense that all these women , mother, grandmothers, aunts, sisters, daughters , nieces are victims of such a crime like Vaginal Mesh . And yes its money time to all those corporations . FDA RECALL RIGHT NOW ALL VAGINAL MESH PRODUTS .

    FOR GOD SAID SO !!!!!!

  3. janet says:

    I hope and pray that the justice for all of us will be given to us

    We are all tired of the dishonesty from all the defense attorneys.

    They are getting paid for being dishonest about things and receiving very good pay for it from there CEO shame on all

    Please keep praying ladies that God will handle this for us

    But they really need to stop paying all that money to fight and do what’s right..

  4. sally says:

    I don’t understand how you can have a witness then not allow his material/articles to be viewed when the jury request to see them and have it considered “demonstrative”. Maybe the jury will see this as the defense doesn’t want them to see how bad the mesh is!!

  5. Dorothy C says:

    Has anyone had vertigo that they might feel is connected to mesh. I’ve had it sinse July, fall all the time. Walk like I’m drunk. All manner of tests, physical therapy have been done. Drs want me to continue with other specialists but I feel like just being passed along. Anyone have some inpute on this

    • Janet says:

      I have very badly I was rushed by ambulance because it had happened so fast. .they told me do to the constant UTI’S I get very dehydrated quickly. .my potassium was so low he sad I could have died.. this has happened twice now.

    • Still Standing says:

      Dorothy. Amazingly, UTIs can cause confusion especially in the elderly. Women with mesh have lots of UTIs. I read an article about that one time that I think I saved somewhere. I will find and post the link.

  6. Still Standing says:

    Here is the link to the New York Times article on UTI infections. Good info.

    http://www.nytimes.com/health/guides/disease/urinary-tract-infection/print.html

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