Your Turn: Where is my Caldera Settlement?

Angela M.
|
December 5, 2020

Mesh Medical Device News Desk, December 5, 2020 ~ Caldera Medical was in the news five years ago when it didn't have enough insurance to pay out defective product claims for the thousands of women injured by its pelvic mesh. Today Angela asked MND whatever happened to her settlement dollars?

Jane Akre, the Mesh News Desk editor writes ~ 

Angela, it is long past time to call that law firm. The case settled years ago and most women in this class received approximately $2,000 because Caldera said it did not have enough in insurance coverage to take care of defective products. Here is some background:

Background

In 2017, a California federal judge approved a $12.25 million settlement agreement resolving Caldera Medical’s transvaginal mesh injuries claims. There were 2,710 women in the class who had no option other than to accept the settlement.
Insurance carrier, Federal Insurance, distributed the settlements, $10.58 million to the injured women and $670,000 to attorneys for fees and costs.  

The settlement resolved all transvaginal mesh claims against Caldera. Women were told they could not opt out of this settlement to file individual cases.
Caldera, is a California-based manufacturer that at one time produced Desara, T-Sling, Ascend, Hydrix, and Vertessa.
The plaintiffs claimed Caldera should have known its pelvic mesh was dangerous. Caldera turned to its insurance carrier, Federal Insurance to pay the claims. Federal had a $25 million insurance policy cap and fought the payouts in state court. Eventually, that lump sum was diminished to $12.25 million, with most of that money being paid to lawyers.
Judge Stephen V. Wilson called the resolution fair and reasonable. The California state litigation is case No. JCCP 4733 filed in the Superior Court. The insurance case is Federal Insurance v. Caldera Medical Inc. (2:15-cv-00393) in the Central District Court of California.
Caldera made Desara, T-Sling, Ascend, Hydrix, and Vertessa. When more than 2-thousand defective product lawsuits were filed against the company Caldera announced it was insolvent and only had about $200,000 to its name. After fighting with its insurance carrier, Federal Insurance, Caldera could provide only half of the original $25 million in insurance to settle the claims.
At the same time, in a humanitarian-sounding gesture, Caldera announced it was partnering with IVUMed to, “eradicate the incapacitation and suffering of women with stress urinary incontinence and pelvic organ prolapse.
Caldera said it would implant one million women in third world countries and train doctors on how to use its mesh products.

LEARN MORE:

Caldera Medical– Take $11.7 Mill Mesh Settlement or Nothing!
https://www.meshmedicaldevicenewsdesk.com/articles/caldera-medical-take-11-5-mill-mesh-settlement-or-nothing

Judge Approves $12 Million Settlement in Caldera Transvaginal Mesh Claims
https://www.meshmedicaldevicenewsdesk.com/articles/judge-approves-12-million-settlement-caldera-transvaginal-mesh-claims

Caldera Final Pelvic Mesh Settlement Deadline Facing Opposition
https://www.meshmedicaldevicenewsdesk.com/articles/caldera-final-appeal-deadline-facing-opposition

DocketBird, Federal Insurance Co v. Caldera Medical January 25, 2016, document filed 8/30/18, Granting Motion for preliminary settlement approval, preliminary class certification and class notice.
https://www.docketbird.com/court-documents/In-re-Snap-Inc-Securities-Litigation/Exhibit-Exhibit-C/cacd-2:2017-cv-03679-00114-005

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