Wagstaff Cartmell Settling Ethicon Transvaginal Mesh Cases

Jane Akre
April 25, 2018

Thomas Cartmell, for Plaintiff

Mesh Medical Device News Desk, April 25, 2018~While Johnson & Johnson and its Ethicon division appear to be the last holdouts to any transvaginal mesh settlements, one midwest law firm seems to be settling its cases with the healthcare giant.

According to an April 19th motion, Thomas Cartmell of Wagstaff & Cartmell of Kansas City, MO., filed an unopposed Motion for Qualified Protective order to keep confidential a Master Settlement Agreement with Ethicon signed by the parties April 16, 2018.

There is no information on how many Ethicon cases will be resolved by this agreement. Cartmell is one of the few law firms remaining that is still involved in litigating transvaginal mesh cases.

The order keeps third party payors information confidential to aid in the “efficient processing and administration of the Settlement Agreement.”

Providio MediSolutions is the lien resolution administrator responsible for identifying and resolving all liens that “have been or may be asserted by Federal Medicare in each state, the US Department of Veterans’ Affairs, the US Department of Defense, Tricare and Indian health services. The information is necessary to resolve all liens in these cases. Normally HIPPA assures information is private and not to be shared.

Judge Joseph R. Goodwin,

Ethicon continues to have the largest number of product liability cases filed in the multidistrict litigation (MDL) gathered in Charleston, West Virginia before Judge Joseph Goodwin. The healthcare giant will face a grouping of product liability cases, Wave 7, in upcoming litigation in that court in an effort to resolve the remaining cases.

Judge Goodwin recently announced that transvaginal mesh cases with "mesh-in-place" only, that is that have not had a removal, will be dismissed without prejudice, meaning they can be refiled sometime in the future.

MAM rally in Charleston, WV in 2015

Judge Goodwin has repeatedly announced he wants to move along the transvaginal mesh MLD to clear cases from his courtroom where they have been filed since 2012.

Currently there are more than 104,000 defective product/product liability cases filed in that court against seven mesh makers. ###


Cartmell Qualified settlement fund, filed April 19, Doc #5642.

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