Appeal Planned in “Wanton” “Willful Disregard” $68 Mill Bard Mesh Case

//Appeal Planned in “Wanton” “Willful Disregard” $68 Mill Bard Mesh Case

Appeal Planned in “Wanton” “Willful Disregard” $68 Mill Bard Mesh Case

Lori Cohen Northjersey.com

Mesh Medical Device News Desk, April 16, 2018 ~ C.R. Bard, of Franklin Lakes, New Jersey, plans to appeal the record McGinnis transvaginal mesh jury decision, the company has announced.

“We are disappointed with the outcome of the trial and we plan to appeal,” said Troy Kirkpatrick, a company spokesman to North Jersey.com.

Any implantable medical device carries inherent risks as well as clinical benefits. While we appreciate that Mrs. McGinnis is dissatisfied with the outcome of her procedure, it is important to note that thousands of women over many years have benefited from these products and have improved lives because of them.”

Mary McGinnis was implanted with two meshes made by Bard- the Avaulta Solo mesh and Align transobturator. Both are now off the market.

Adam Slater (Mazie Slater), who represented Ms. McGinnis, tells Mesh News Desk,

“This is an important verdict that demonstrates, after listening to the evidence presented by these injured women, the jury will award substantial verdicts and punitive damages to punish the manufacturers.  Mary McGinnis said after the trial she did this, not just for herself, but for all the injured women and to help the thousands of other women who need justice as well.”

“I’ve very grateful,” Mary McGinnis, told Northjersey.com as she left the courtroom with her husband. “This case was fought for all the victims of mesh, whom I hold in my heart.”

It took the jury three hours to deliver a $35 million punitive damages award on Friday, which, when added to the $33 million compensatory award, makes this at $68 million,  the highest jury award so far in mesh litigation.  (Other cases have initially been awarded more but in both cases, they were reduced due to tort reform and caps. Read the stories here).

The jury found that Bard showed “malicious intent” or “wanton and willful disregard” for the plaintiffs’ health when they put the products on the market in 2008. The Avaulta and Align were found to be defective in their design, and the warnings given to doctors were found to be inadequate.

*New Add* Under New Jersey law, there must be clear and convincing evidence that the defendant showed either a wanton or willful disregard for others, or actual malice that creates a high probability that  someone will be harmed, in order for punitive damages to be awarded.  Read more here.

Defense attorney, Lori Cohen (Greenberg Traurig) in her closing said there was “no malicious intent, no evil minded act” on the part of the company.

In speaking directly to the jury, Slater said he didn’t hear the company say it would do things differently or be more careful in the future.  To punish and to deter Bard he urged jurors to send a message, “You can do better.”

Slater encourages other lawyers to take their pelvic mesh cases to trial. And he is willing to help.

“For all the women who haven’t settled their cases yet, there is video available of the lead expert, if lawyers reach out for that information. Dr. Richard Bercik (ob-gyn) from Yale University, on general causation and defective design in Avaulta, Solo and Align transobturator. All exhibits, video and power point, opening and closings can be made available for other firms to take their cases to court.”~ Adam Slater

Slater has another multi-plaintiff trial facing Ethicon in May.

LEARN MORE:

Richard S. Bercik, MD Assistant Professor of Obstetrics, Gynecology, and Reproductive Sciences and of Urology.  Yale Medicine.
https://medicine.yale.edu/obgyn/people/richard_bercik.profile

In June, 2010 Dr. Bercik travelled to Australia to demonstrate new techniques for vaginal repair surgery. During this visit, Dr. Bercik not only performed surgery in Sydney, Brisbane, Adelaide, Melbourne, and Perth, but also presented several lectures on these topics.

http://www.ajog.org/article/S0002-9378(11)01018-0/fulltext
In a 2002 study published in the American Journal of Obstetrics and Gynecology, Bercik and other report that after one year among 65 participants half had mesh and half traditional repair,  after one year prolapse was better both methods but the mesh participants had a higher reoperation rate and 15.6% had mesh exposures. This is the study with Cheryl Iglesia. At Georgetown u school of medicine.  January 2012.

See more at Research Gate here

Diminished vaginal HOXA13 expression in women with pelvic organ prolapse
https://www.ncbi.nlm.nih.gov/pubmed/19423998

 

 

By | 2018-04-24T14:42:08+00:00 April 16th, 2018|News|24 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

24 Comments

  1. Wren April 16, 2018 at 7:47 pm - Reply

    This news is very encouraging to say the least. I appreciate what Mr. Slater said to all potential victims of this medical mesh mess concerning our deserved chance to a fair trial and encouraged other law firms to start taking our cases on. We will get our time to tell the jury our story of what Pharma has done to our lives.
    Thank you once again., Jane, for being our advocate. You are my Hero.

    • Jane Akre April 16, 2018 at 9:25 pm - Reply

      Wow, you are welcome. Please send Slater’s words to your law firms. He will make available all of the documentation and videos they need to try your Bard Case,,, and likely Ethicon when he does that next month. These law firms that had no intention of every trying your cases are shameful. Why did they take them on? Oh we know why.

  2. tiredofwaiting April 17, 2018 at 11:51 am - Reply

    It really makes me upset that many law firms took these cases on for a quick buck, with no intention what so ever of preparing clients for trial. Some of the verdicts are appropriate for the damages these women have had. The women who have not gone to trial and have been offered pennies are the ones that have to endure double victimization.

    • Jane Akre April 17, 2018 at 11:54 am - Reply

      Very well put and so true! Every day women tell me they are hearing take it or leave it….. with no advocacy on their behalf. Did they ever intend to take these cases to trial.
      For many law firms, the answer, sadly is no!

  3. tiredofwaiting April 17, 2018 at 12:12 pm - Reply

    I sometimes want to call the law firm that I signed with and ask them if that was there intention all along. My case has now been referred to a “third party law firm” who are negotiating the settlement.

  4. B April 17, 2018 at 7:16 pm - Reply

    I was told mine is in settlement talks but if I don’t like the amount I can appeal can I get another lawyer?

    • Jane Akre April 17, 2018 at 10:27 pm - Reply

      And why do you need another lawyer? Are they dropping you or are you dropping them?

  5. Cheryl April 17, 2018 at 10:15 pm - Reply

    I have no attorney and have mesh eroded already suffered 9 mos chemo. I have a very serious blood disorder aquired hemophelia factor vlll . It’s documented that mesh implant caused my blood disease .. Jane please advise if you can mine was 2004 ob mentor tape .,eroded 2015 ..i go friday for more testing blood in urine ..dr concerned ty very much

    • Jane Akre April 17, 2018 at 10:26 pm - Reply

      Hello Cheryl, I’m sorry. I’m not an attorney but wonder if you have had complications since 2004? Have you had any revisions? Please write me privately at janeakre@meshnewsdesk.com

  6. Mary April 18, 2018 at 6:23 am - Reply

    I was just told by my Atty that my case fell thru the. Cracks and he could no longer help me…mesh put in for sui in 2003 and had 2 surgeries to repair damages by perforation and another surgery to fix my intrinsic sphincter deficiency caused by all these surgeries and now I have a rectocele, don’t even know what I want to do about that, afraid I will have another perforation since the majority of mesh is still in me , have severe psychological(ptsd) issues due to all these surgeries and the total disregard or understanding of doctors and lawyers for the severity of this issue- I feel lost abandoned and afraid of what will happen next – like a walking time bomb waitingg for the mesh to perforate my urethra bladder or bowel again…

    • Jane Akre April 18, 2018 at 5:07 pm - Reply

      Mary please explain,,, your case fell through the cracks? What exactly does that mean? Did your lawyer say he/she would no longer represent you? Has he/she withdrawn officially from your case? I will write you privately… thank you.

  7. Lisa April 18, 2018 at 10:58 am - Reply

    Still waiting for pennies..settled and this is ridiculous. I should have also gone to trial. Cant even tell me when funds will be released..did my part in the beginning of 2015. Happened when I was under 40 years old. Wish I would’ve read this sooner. I have no idea why 3 law firms defended a “settlement”. Double victimization is right.

    • Jane Akre April 18, 2018 at 5:04 pm - Reply

      Lisa- Did you sign the agreement to settle?

  8. lou April 18, 2018 at 8:05 pm - Reply

    Has anyone heard from ams temporary holdback funds. I know that they are sending letters out .I got mine but haven’t heard back on it got it in feb

  9. Just me April 20, 2018 at 3:41 pm - Reply

    Jane, I have been aware for some time of the 75% tax in Georgia & other States when a Law Suit is awarded. I am unable to find answers to that question. Is this tax only on actual court cases won or does it include settlements under $250,000.00.

    • Jane Akre April 22, 2018 at 10:51 am - Reply

      It is attached to some punitive damages in some states… only punitive damages since some states felt that women shouldn’t benefit from bad behavior by a corporation…..I’m not sure why since they re the injured party. Here is a good article on punitives Catherine Sharkey, Associate Professor Columbia Law School. Oct 30, 2003, Punitive Damages as Societal Damages
      https://www.yalelawjournal.org/pdf/390_yaurv82p.pdf

  10. Wren April 21, 2018 at 12:58 pm - Reply

    Jane, I have a suggestion. Would it be possible to have an interview with Adam Slater, attorney for Slater, Mazie et al, either by you or to see if he could be interviewed by a national syndicated columnist such as the Washington Post, New YorkTimes, etc on his comments concerning this last case against CR Bard. I feel that we as a population of women who have been harmed by the mesh that was implanted into our bodies and received devastating outcomes and live with extreme pain,constant infections, etc, need to know that we can contact other trial law firms and be represented in a court of law. I rejected my settlement offer from JNJ and have tried to find other counsel and no one wants to take my case. I think it would make a change in the judicial system if Adam Slater would re iterate his statement that more lawyers should take these cases to trial and that he is willing to help. If we can get coverage of this I feel we will have more lawyers to take us as clients. We need help. Thanks for all you do, Jane.

    • Jane Akre April 22, 2018 at 10:49 am - Reply

      Adam Slater spoke to Mesh News Desk and I believe that’s all he felt was in his client’s best interest. He has encouraged other law firm to take forward their cases and he will help. I don’t know what else he can do and frankly I don’t know what to do if the New York Times doesn’t see this as a front page story. Surely they understand that there are thousands of mesh injured women. We know they put it in the front page when it makes women look bad and lawyers appear scummy……I was disappointed with their focus there even though that does go on, in terms of the big picture, it is a small segment. Just my opinion

    • Still Standing April 24, 2018 at 5:52 pm - Reply

      Wren, Im sorry you have not found new representatin. That is a problem when you refuse a settlement offer aand then seek a new attorney to take your case. Unfortunately, many attorneys arent willing to take on new mesh cases. As much as mesh women want to believe that attorneys are here to be benelovent benefactors to mesh women, they are in it to make money. It is their career, they have families to feed, kids to send to college just like everybody else. It is their job. While many firms have been absolutely wonderful to their clients ( mine were great), they still,have tomshow profit at the end of the year. The fact that Adam Slater is a great plaintiff attorney hasnt been lost on other attorneys. Some firms, however, just cant take such huge financal risks. Unless you are with a sole proprieter law firm, decisions to take cases to trial are made by the partners in the firm. There is considerable fnancial risk. Some firms can take on the risk, but many cant. It all goes back to the bottom line.

      I dont know how many revision surgeries you have had, but if you are not in the top ter of damages that J&J has developed with other plaintiff attorneys, other lawyers may not feel that your case is worth pursuing. The tierd payouts just are not going to change much. Unless you can afford to hire an attorney by the hour to represent your case, you may have exhausted your options for contingency representation. Not sure you can go back to your settling attorney and opt to take that offer, either. I wish things were different, but they arent. Settlements will not ever get close to the jury trial awards. That is something mesh injured women must accept. There are not individual settlements in the millions of dollars.

  11. d April 29, 2018 at 10:55 pm - Reply

    I ACTUALLY SAW WHERE IN 5 YRS. TIME, MY CASE HAS BEEN DISMISSED 3 TIMES AND CANCELLED ONCE, JUST THIS MONTH ON THE 14TH IT WAS REINSTATED. lOOKS LIKE THEY WAIT UNTIL THEY ARE COMPLETELY FULL.
    I CANNOT EVEN GET A CALL BACK !

  12. Robin May 14, 2018 at 9:24 am - Reply

    I heard that unless you have several revisions done, you cannot get anything. Is that true. I live in excruciating pain and have developed osteoarthritis in both hips and knees, Fibromyalgia got way worse and bones and disk have started deteriorating. I wasn’t able to have relations with my husband any more after the mesh surgery. We had a happy marriage and a 38 1/2 year marriage ended because of the poisoned mesh in my body. I am terrified to have it removed because I heard it can take multiple surgeries to get it out. Also, I do not know who to trust that can do it. I don’t have the funds for a bunch of surgeries since I am now on my own after almost 40 years. I almost bled to death when I had the surgery and required 2 blood transfusions. I live in constant pain daily and have to live on pain medications to be able to even keep going and even that does very little for the pain. The mesh ruined my life and I know live with depression and anxiety as well. I haven’t heard from my lawyers in forever. I don’t understand why we cannot get anything because we are victims too. I had POP and Rectocycle and have the big piece of mesh in me.

    • Jane Akre May 14, 2018 at 11:07 am - Reply

      No, that is not true. Read the story…. it says you may have some vaginal procedures that may count instead…..

  13. Shirley B October 22, 2018 at 4:21 pm - Reply

    Jane~Can~I~request~my~records~back~from~my~attorney?

    • Jane Akre October 22, 2018 at 4:27 pm - Reply

      I’m not a lawyer but I believe, yes, they belong to you! You can also get your Complaint and whats filed in your case at the very lest online… do you have a pacer account?

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