Calif. Attny. Gen. Becerra
Mesh Medical Device News Desk, July 15, 2019 ~ This is the second of four State Attorneys General suing Johnson & Johnson (J&J) over its pelvic mesh devices and the cost to the state.
The first trial by Washington State ended just before trial with a J&J settlement last April.
Opening arguments got underway this morning in the first transvaginal mesh trial of a state attorney general.
In this case, California AG Xavier Becerra is suing Johnson & Johnson’s Ethicon division alleging that the healthcare giant misrepresented the safety of its mesh to both doctors and patients, a violation of California’s unfair competition and false advertising laws.
In doing so, the company took away a woman’s ability to make an informed choice about whether to have a permanent mesh implant put in her body.
“J&J deceptively marketed its surgical mesh devices as safe with minimal risk when in fact these devices exposed women to a host of dangerous complications,” wrote California Deputy Attorney General Jinsook Ohta, in the complaint. “J&J did this despite being urged by its own medical advisers and employees to warn doctors and patients of pain with intercourse, sexual dysfunction, and impact on quality of life.”
The trial is being held in San Diego County Superior Court before Judge Eddie Sturgeon, without a jury.
Mesh News Desk is monitoring the proceedings via Courtroom View Network.
Just how much the team is seeking is unspecified, but according to the complaint, filed by then AG Kamala Harris in 2016 (here), J&J sold 787,232 pelvic mesh medical devices from 2008 to 2014. That includes more than 42,000 in California.
J&J defends its record.
“The attorney general’s position is at odds with the views of leading doctors and medical groups both in California and around the world, as well as the FDA,” wrote Ethicon spokeswoman Mindy Tinsley. “The evidence presented will show that Ethicon acted appropriately and responsibly in the research, development and marketing of its pelvic mesh products.”
J&J is using Butler Snow attorney William Gage to make its case, along with Carolyn Kubota with Covinton & Burling, and Steve Brody with O’Melveny & Myers.
A similar lawsuit brought by Washington Attorney General Bob Ferguson settled in April for $9.9 million on the first day of trial.
See: The People of the State of California v. Johnson & Johnson, case number 37-2016-00017229-CU-MC-CTL in the Superior Court of the State of California, County of San Diego.
Background
from Dr. Veronikis,
https://www.mercy.net/doctor/dionysios-k-veronikis-md/
Washington, California, Mississippi, and Kentucky have all sued Johnson & Johnson over its pelvic mesh sales and for violating the state consumer protection laws.
Nationwide, more than 107,000 pelvic mesh lawsuits were filed in one federal court in West Virginia and another 50,000 filed globally for injuries from mesh used for incontinence and pelvic floor prolapse.
Injuries include mesh erosion, infection, mesh shrinkage, chronic pain, autoimmune reactions, among other complications.
Mesh for pelvic organ prolapse has been taken off the market but incontinence mesh (SUI, stress urinary incontinence) also known as a “ribbon” or “hammock” remains on the market.
There are four major manufacturers of all pelvic mesh – Ethicon, Boston Scientific, American Medical Systems (Endo) and C.R. Bard. Johnson & Johnson (Ethicon) had the largest number of product liability lawsuits filed globally.
In January, AG Becerra announced at $120 million settlement with J&J over its DePuy metal-on-metal hip implant devices, alleging violations of the consumer protection laws in the state and for violating assurances about the safety of its hip implants. California will receive $8 million of that settlement.
LEARN MORE:
MND, Washington State Heading to Trial with J&J, April 15, 2019
Hello all, I have not been on the sight lately. Chronic fatigue kicks my butt. I just wanted to address the above article. If you note the original AG that filed this California case was Kamala Harris. I took note of this as It has been really hard to find strong advocates who are willing to go against these companies. I also took responsibility and wrote to my own Attorney General. I know we get tired but this created another glimpse of hope. Go California!!
I would like to let the forum know, this morning I received a phone call from my Attorney Generals office Informing that the complaint has been sent for additional review. This Is the first time I have had a response after sending multiple letters to Individuals with power and Influence. Please contact your AG. They may pay attention because other AG’s are taking action. I was able to go to the AG web site and file right on line. This may be an avenue for additional pursuit of JUSTICE. Have a good evening.
Anonymous, it was really nice hearing your comment tonight. I love to hear that someone has hope, I am severely lacking in that right now and I think my attorney is trying some funny business with lawyers disappearing and documents being signed that I didn’t sign. Hold over a little of your new found hope for me…I do believe I’m going to be railroaded and I dont know how to stop it. I’m printing and forwarding as fast as I can. Wish me luck.😑
Does anyone out there know why nothing is happening with the MDL 2327? No movement since June 11th. I am very confused!
Thanks!
Finally some good news. Every woman injured should contact their AG. Then keep us posted on any developmentsa.
Thank you Jane.
My story is like all the others, I was implanted with the Gynemesh PS that my Dr cut to fit for a POP/rectocele in 2007 at the age of 29 with two still very young children (7 and 10 years old) in tow. I have suffered in pain , emotional distress and financially for almost a decade. I lost my marriage, my ability work ( SSI disabled for over 8 years), all assets and hope. I have the pain, erosion, disgusting foul Embarrassing discharge, my whole body started getting sick one thing after the other, fibromyalgia, IBS gastrophesis, chronic pancreatitis and Pudenel neuralgia, my body fighting so hard to protect itself from the mesh in return started attacking itself, no prior medical issues before the mesh beside 2 vaginal births and a few UTI’s, I began to get sick all over, fever chills chronic fatigue and body aches, I had to have my tonsils removed, gallbladder removed, part of my bowels removed, appendix removed, uterus removed all because my body was fighting mesh and when I went to the Dr’s they looked at me like I was crazy and scratched their heads because at that time they had no clue so I was made to feel like drug seeker, crazy Hypochondriac😢. I am still fighting and like all of you I feel like All are against me, even my attorney. I have just recently really started researching about all this mesh mess and found so much to be heartbreaking, not only have our lives been destroyed but I found a public website that you need no credentials or to sign in and my entire case is on display for public view, most of our cases are !! Even down to the very private details that we disclosed in our Plaintiff Fact sheets, very very personal information that could easily make us and our families targets for a host things, if your case is on going look yourselves up and will be totally surprised at what is out there!! What is so crazy is all that personal information is out there about us Except our Stories!! Soon to be homeless I pray for each and every single man and women who is suffering like me from JnJ😢
can you put a link?
Unfortunately, they only allow other media or paying customer to see it. I’m sorry.
Elisabeth. It breaks my heart to hear your story. You are younger than my daughter and I cant imagine her going through this hell. I wish I could just stand in for you. Im 68 and ten+ years into this but I found transformational hep at Mayo in Arizona. Sounds as if we have similar comlications. I havent heard anyone else on here talk about the kind of bowel issues we have. I ended up with a really high permanent colostomy. There are still some problems but the overwhelming pain has subsided. Thankful, yet so sad that even one other woman is hurting and scared tonight.
I have a question for you. Since you are so young, have you tried to get SSDI instead of SSI? That would open up your medical options a lot. Do you have any trusted compassionate doctor who would go to bat for you in this? It is very important for you to do some preplanning here. Im assuming you have filed a lawsuit. If you are on SSD, nothing will change, but you will lose your SSI if your award is not put in a Special Needs Trust. Please have a conversation with your attorney about this BEFORE a settlement check is issued.
Unfortunately, when you file a lawsuit, everything becomes public record. Your complaint, orders regarding your case, even some health information related to your case can be accessed as you discovered.I dont think many people uderstand how invasive it is. This is another argument for not filing a case until other avenues of resolution are tried.
I
Still Standing I think I do have SSDI and not SSI. Since my 2nd removal surgery of the mesh they got most of it out and my all over immune health has got a little better thank goodness, I feel like I am becoming more stable in that manner but my pudenel nerve pain is relentless!! My children have suffered along side of me since they were small and had to grow up so fast 😢. They are my caretakers and I hate that I burden them so. Did anyone else on here receive the Gynemesh PS the sheet the Dr cut for there repairs? It seems like the lawyers are more focused on the Prolift. I was told that my case was weak because of this fact. There really not much difference between the two and some Dr preferred the Gynemesh sheets because they claimed they could fit the product to the patient and not make the patient fit the product, but it was no better in my case because I suffer the same
Is your law firm taking into account your PN? I hope so. You might call Greg Vigna who has assembled a team of lawyers to address this issue…. 318-548-2649.
Elizabeth…I was just awakened with the most excruciating burning and aching pain in the “WALK OF PAIN” as I call IT. Tylenol and vicadin does help. I ran out of the (ketamine Valium Baclofen) suppositories. They help with the pelvis area and knock me out for a few hous…….nothing else. I am out of them now. Will get more soon. They are not covered by insurance..about $125 for 30. Many of us have bowel problems. This week it is the smearing and underwear change >6 x per day. Graves disease just diagnosed this year…age 70. Who ever heard of an older woman getting this? I am now taking meds for Hyperthyroid… I agree that Dr Hibner and Mayo in Arizona is good…also Mayo..Dr Elliot in Rochester MN. My implant and butchering was done by Dr Dennis Miller….Gyn PS and Urotex and posterior. Still waiting for “THE CHECK” HA! Yes…they will tell u that ” it’s not the mesh”. Because of your age …u are more believable. I have been spinning the drain since 4 months after implant…but back then it was not recognized because Dr Miller was being glorified and “MESH WAS THE MIRACLE CURE ALL” The injuries and disabilities are enigmatic..and came on in WAVES…kinda like the settlements. I think we are in Wave 10. I am still waiting for wave 6. For me they can blame it on my age…but u??? 29 years old???TRAGIC
I’m so sorry Kitty. I did not realize that Dennis Miller was your implant surgeon. He, as you know, is the father of the Pinnacle and was paid by Boston Scientific to promote it. I would assume he cashed in on that invention. Pinnacle is now off the market but Miller is still promoting mesh in his practice and is one of the big supporters of mesh through AUGS. I’m so sorry. I’m sure he didn’t reveal all of this to you at the time of your surgery.
Kitty… I’m so sorry, and at any age we didn’t deserve this. I had absolutely no prior medical issues before this mesh mess and they still are trying to blame me! There are so many of us it can’t be a Coincidence . I heart goes out to all the older women who was told the same thing I am being told and felt like they had no case and settled for nothing because they were told too or get nothing. I will fight until the end because there money 💰 will not give me back my life but maybe my story will help others and prevent this from happening to others 😔
Kitty, Im really sorry you are enfulfed by so much pain. I wish you could find a good pain management doctor. You might do some shopping around for your vaginal suppositories. $125 is way off base. I used them for years and paid $90 for 90. After my surgery last year, I used them again and they were $50 for 50 suppositories from the Mayo compounding pharmacy.. So, two different compounding pharmacies and both were $1 per suppository. It would certainly be worth doing some comparison shopping to see if you can get a better deal. Maybe some readers here have a reputable source .
Also just a thought on your stool leakage. It is certainly more common in older women and the mesh adds another layer of complexity because we tend to tighten our pelvic floor as a response to pain, leading to constipation. Sometimes stool leakage can be caused by constipation. This seems counterintuitive but if you are constipated and you have weak rectal muscles more liquid parts of the stool leak around the solid stool. Unfortunately, women who experience this think they have diarrhea and take immodium or other OTC medicines. This just leads to more fecal incontinence. Women who are experiencing this should have a conversation with their physician. You could certainly try out the theory by taking stool softeners and upping fiber for a couple of months and see what happens.
Kitty.. I have the bowel issue also but in a different manner, stool is always pretty soft to watery loose but I still have to wiggle, rock push to get it out !! Some days I will go a few days without going and then I will have a sudden dumping sensation and it will be pure water, sorry TMI. Pretty sure my chronic pancreatic issues play into it, my body doesn’t always digest foods. Funny to have pancreas issues and never took more than a sip of alcohol in my life. Like I said before after my mesh I started with cold and flu symptoms that gradually got worse and worse, I think it began at the weakest spot or somewhere that naturally catches infections, I end up in hospital for a week with a abscess on my tonsil then had to have them removed, never had a issue before, then my gallbladder, the my bowel resection and cancerous appendix, next my pancreas, never had any issues with my teeth and now I have 5 broken ones, it’s like a chain reaction
I have the very same issues. Sorry we both are having them but glad I’m not alone!
I too had mesh put in by Dr Dennis Miller in 2006. I was told this is all he would do, and stupidly followed his instruction. Immediately after surgery could tell something was not right, I could not go to the bathroom. After 3 weeks I still had the suprapupic catheter in. (They told me 3-4 days). I finally told them to just take it out, I have to get on with my life, and get back to work. Little did I know what was around the corner. Began having pain 6 mos in, “something was to tight” Had another surgery 8 mos after the first. Dr Dennis Miller had left the organization where I doctored and would not answer the phone or call back Drs calling him for advice. I scheduled an appt with him at his new place and was conveniently cancelled the day before. The man thinks he is GOD. Then I had visible blood in my urine, I thought it felt like a bladder infection, but lab test said no. Had to find another specialist, had most of mesh removed in 2009. Still having problems with stinging and burning, and some erosion of the pieces still in my body. What a nightmare
I’m so sorry. It is very interesting to hear how the “Father of the Pinnacle” acts toward his own patients. Quite different from the face he puts on things. Thank you for writing.
Psyllium is the only thing that works. When I dont take it I have the problem. I have been thru all the other chap. No pun intended. I am not an old lady with fecal incontinance. I have had 2 failed posterior repairs. I am too lazy to take the “FIBERWiSE” everyday…if I dont take it…the shit hits the fan. I really hate the suppositories…they are KNOCK OUT PELLETS. 3 hours and over.
Elizabeth. I was just looking over your post. You mentioned u had Gyn mesh PS for rectocele. OMG they are not supposed to use polypropylene for posterior rectocele. They use biologic
Only. Be sure to check your records. That is shocking if they used that for posterior repair. They used gyn mesh PS for my bladder.
Kitty…. I have a copy of my records and yes they used Gynemesh PS for my POP rectocele back in 2007 , I think it was approved for that use still back then, not until recently they changed it 😔
Kitty When they did my hytrectomy they implanted me front and back with prolift and a TVT. So are you telling me they should have not implanted it posterior.
I have been in weekly pelvic floor therapy for past year. I just got Rx for suppositories $75 for 30..
Kitty- Did pelvic floor therapy do anything for you?
I had polypropylene posterior repair with Bard Avaulta. It was commonly used up till the 2011 report that stated it should not be used for posterior repair.
SS…You certainly have your answer to your tragic injuries. Your surgeon was certainly very poor. At least Dr Milller did not use polypropylene on my rectocele. So sorry.
While we are on the constipation thread, here is something else to consider. Multiple pelvic surgeries can lead to abdominal adhesions that can interfere with bowel motility, a condition that is called slow transit constipation. There is a certain test that differentiates this condition. For this condition, taking more fiber is NOT helpful. It worsens slow transit constipation. Slow transit requires a low residue diet which is generally low fiber. Also, not all fiber is created equal. There are soluble and insoluble fiber sources. Insoluble fiber is what provides bulk because it isnt broken down much but it is also constipation causing with slow transit. Insoluble fiber rich foods are corn, beans, oatmeal, whole wheat, beans, nuts, spinach, carrots, etc. You can find a list online. I spent almost a year off and on a low fiber or low residue diet.
Sometimes there are so many issues going on at once with mesh women that it is overwhelming. However, just getting one thing figured out can help reduce pain and lead to a better day
If you are having constipation issues after mesh, consider testing for slow transit since how you approach the problem depends on what is causing it.
You are incredible. Can I repost in Your Turn? I remember when I had a C Section there was no bowel movement for 5 plus days, almost as if the body is in shock. I had never experienced anything like that.
PELVICOL was generally used for rectocele. It was bioligic
Still Standind I had a test after my bowel surgery and was diagnosed with Gastroparesis which is like the slow transit of the stomach, fibromyalgia, chronic pancreatitis, IBS, gastroparesis , along with surgeries and pain medication are all linked to each other. I just don’t see how someone at 29 can be perfectly healthy with no prior health issues and within a few years fall apart , at any age really. I hope with time they will find that all our issues link together and stop blaming the victims. As my health began to decline and I went to Dr’s back when all this started Dr’s looked at me as if I was crazy, they had no clue about mesh back then, and I was treated very poorly to the point I just don’t go to the Dr until I’m at wits end!! Praying that now the mesh is out my immune system will continue to recover and that I can find a way to live the rest of my life with the chronic pain I’m left with
Elizabeth, no , it makes no sense that a perfectly healthy woman your age would develop all of these major health conditions. Of course mesh triggered a cascade of health issues. I’m glad and hopeful that your health will improve over time.
I was equally healthy at 58. Very active physically, ate right, no high blood pressure, no high cholesterol. In fact my implant doctor said that I was so healthy she would just do the posterior and anterior repair together and I would be back hiking and kayaking in a couple of months.sure. 126 months later I’m still waiting.
I was also diagnosed with gastroperisis. Coincidences? No. I was diagnosed two weeks ago with scleroderma, another auto immune condition added to Lichen Planus, and thyroid disease. It is so frustrating.like playing health wackamole all the time.
There have been many research studies that indicate that mesh does not contribute autoimmune disease. However an interesting study published last year refuted this. An interesting piece of data from this research is that half of those who had mesh complications had a ore-existing allergy. They suggested that this could be a screening tool for physicians who recommend mesh repairs. I’ll find the journal report and provide a link here. It is pretty technical but there is a good summary. Hopefully, this will promote additional research on mesh and autoimmune disorders. Just remember that one research study does not point to proof, it just suggests a possible relationship and guides further research.
There is too much anecdotal evidence for this not to be true. We know mesh takes on a life of its own in some bodies, we can see it with an electron microscope…
Pevic floor therapy works very well. It depends on your Injury..how they treat you. I have mostly massage at lower areas in front and then the right back area. Breathing..journaling claims and stretches. I also had core therapy for several weeks. It just ended. The therapists both have Doctorate degree. The core therapy did help somewhat– but it feels like my hips lock up when I walk…almost I feel that the sacral ligaments are being pulled. I need to go back and have more surgery…but I’m scared and I need my settlement money to get me back to Phoenix. DR Hibner told me to run like hell if a therapist has me do Kegals.
Elizabeth. I hope u are feeling better. I hope we get our settlement money soon
We both developed autoimmune disease. I was DXd with Graves disease. I have no eye involvement. I am on a medication called Tapazole. This is a rare disease to develop when one is 70 yrs. I have mesh left in me. I was unable to have all of it removed…but I did have eroded portion taken out…. I thought I was dying This past Monday evening Tuesday and Wednesday. I had Terrible explosive diarrhea. I was unable to get to bathroom in time because I had damage to the sphincter. I was so weak and sick. This happened to me several years ago. Also not so severe several months ago. Whether someone wants to call this normal for an elder lady is absurd. Shit was flying. Thank G_d I have a good husband…lots of bleach and a good wash machine. I usuall dont wear diapers..but I went to get some until this clears up.. . How are you?
Kitty…Thank you so much for asking. I had two surgeries for removal and they also couldn’t get all of my mesh out. I can say that since my last removal I feel like my body is trying to heal immune wise. I no longer suffer from the bleeding and foul vag discharge and my uti’s have declined tremendously. My pudenel never pain, sphincter issues and bowels are another story. I have reduced alot of my daily medications for my fibromyalgia but can’t afford to go to the physical therapist. My body needs exercise but physically I just can’t! Walking, standing and sitting is impossible for any length of time, if it was a except able request and would relieve my pain I’d beg the Dr to remove everything from my butt down and would learn to live in a wheelchair to get away from this pain!! I know that sounds drastic to some but some also know the pain we are going through. Financially I have hit rock bottom but the Lord will see me through, we can’t lose faith. God has sent me a Mesh sister who also has been injured since she was very young like me and her words bring me hope and comfort, I hate that anyone is in this situation but it’s good having someone to talk to that can relate because we are both still young and in the same phase in life. Mesh does not discriminate! I just hope all of our stories will one day save someone else from the same Mesh mess
Neuralgias and nerve damage are very difficult to experience. Many haven’t heard of pudendal and obturator neuralgia, which makes things that much harder. To face these along with several other injuries or conditions…
🙁
Thank you for your kind words. While we don’t understand why so much is online, something good came of it. I’m glad you reached out. Hugs and prayers!
Elizabeth Im so glad you connected with another woman your age. Having support is so important. I want to recommend a book that has helped me a lot. It is Ending Female Pain by Isa Herrera. It is not specifically about mesh pain but she explains how muscle and fascia contribute to female pelvic issues which in our cases were caused bynthe mesh trauma. There are good exercises and explanations for them. She is a physical therapist in New York City. Even if you cant go to physical therapy there are some things you can do at home. You can’t get rid of the mesh, but you can help alleviate the tissue and fascia pain. Maybe you could go to one or two physical therapy appointments just to learn how to do the exercises at home. Physical therapy doesnt provide much benefit if you dont do the exercises at home several times a day so maybe some instruction could help get you started. Mesh pain causes us to brace our pelvic muscles which leads to spasms and hypertonic pelvic muscles and causes more pain. Take a look in the mirror. Are you folding in because of the pain? This can lead to so many structural issues. Learning how to lengthen these muscles again can help a lot even if all you can do is lie on the floor or bed and stretch out your arms for 15 minutes. Doing abdominal massage helps tremendously, too. One of the best things I do is just to take a rolling pin and gently roll it up and down the outside of my leg up a across my butt in long gentle moves. One bad outcome of pain is that we develop kinesiophobia, literally the fear of moving. Motion is lotion and you must focus on keeping your body as mobile as possible even if all you can do starting out is lie in bed and stretch like a cat. Internal work is important, too using vaginal dilators. The book explains this really well. Learning about and intentionally setting aside times in your day to create an awareness of your body can change how you experience pain. All of this takes time to work into your day but your future self is worth it.
How have you been feeling in recent months, SS? I’m unsure if you’ll see this (not on sites very often but think of you and try to look here sometimes).
Good morning, Elizabeth 🙂 I’m glad you decided to post this month. You’ll see more support/coming together. Jane, Still Standing, Sandy, Kitty and others will be supportive and are happy to share some things they have learned or experienced. I started replying to the last text but couldn’t finish on time (didn’t want to send too late; you might see this first). The kids played quietly so I could rest, and then they helped cut veggies for soup. I hope you’re getting some sleep right now.
Jane, if you see this soon… I replied via email yesterday. I’m not seeing it in my folder though. Please call or text if the message didn’t go through. I’ve been using the laptop from my parents (finally, haha) but need to learn some things and install updates. Your support means a lot, and thank you, too, for understanding when I’m behind and all. No appointments, therapy, etc. today, so I’m going to try sleeping a few hours and then hope to play board games with our kiddos.
((hugs))
addison… hope you got some rest today, breaks from the Dr appointments are always nice. You are such a inspiration to me, being a young mother is a full time job, being a young mother dealing with all obstacles we suffer is more than anyone should have to deal with, prayers for all that are in pain and suffering. I want to thank everyone for pushing through and finding the time to listen and reply, all the information, support and kind words go along way when you feel alone and you’re struggling. Thank you Jane for your dedication. I’m having to move AGAIN in the next 10 days and still have no clue to where I am going, I know I will fine at the end of the day I am just struggling with where to go. Just trying to weigh out where I will be less of a burden and out of the way. It’s hard going from completely independent and being the care taker to completely dependent and one who needs taking care of. 😔
Addison. It is truly wonderful to hear from you. I’m so sorry you are still suffering. Have any of your complications gotten better at all? Yet, with all you have gone through, the tone of your messages are always so calm. Not being a naturally calm person myself, I’m always drawn to a sense of calm. This is way off mesh topic but if you like playing board games with your children, get the game Otrio. Won many awards and my granddaughter and I have played numerous marathons. It is challenging yet fun.
Addison…..good to hear from you. It has been awhile. I love *The Old Guard*. Its comforting to have this site that Jane has provided. I will always love u Jane. There is no way I could have done this on my own without any of you all. If and when I get my 2 settlements I am sending u $. Like u Elizabeth…we are moving g. Many lies about settlement…threshold. yada. Yada. Take out a loan…thinking money is on the way. Yes I was told “any day.” We are totally downsizing…waiting for justice.
.
Kitty,
Where do you live? You mention in prior post that you’ve found someone that will massage your lower areas and you had core therapy. I’m having trouble finding anyone to give me this kind of help. I live in California and recently traveled to Phoenix to meet with Dr. Hibner. He prescribed suppositories for me and they help, but I can’t get my doctor in California to prescrive them for me, so I can’t get them covered through my insurance.