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Carpenter v. American Medical Systems Trial Delayed

Stewart Albertson, Albertson & Davidson

Stewart Albertson, Albertson & Davidson

May 8, 2013 ~ The trial of Marion Carpenter v. American Medical Systems which was scheduled to begin in San Bernardino California, May 13th, has been delayed until January or February of 2014.

Attorney Stewart Albertson tells MDND that decision was made by both sides appearing before Judge Bryan F. Foster, in the San Bernardino Central Courthouse. Read yesterday’s story and complaint here.

“She’s frustrated and I am too. She’s been through a lot but this is the best for the case,” says Albertson. “It’s not something we enjoy doing but the circumstances pulled together with our analysis of the solvency led us to believe this is the best course,” says Mr. Albertson referring to the financial health of AMS, which was purchased by Endo Holdings two years ago.

What do we know about Marion Carpenter?  She is age 51 and was a registered nurse making about $80-90,000 a year during the last three year she worked before she was implanted with a Monarc sling to treat incontinence. Carpenter was said to have never missed a day of work. Her attorney says her coworkers loved her and after surgery noticed how much pain she was in which caused her to miss work.

“So it’s effectively destroyed her career,” says Albertson.

Her husband has passed away. After three surgeries with Dr. Shlomo Raz, a urologist at UCLA, he opined in his deposition that Carpenter would never have normal sexual intercourse again. The surgeon found permanent nerve damage and profound scarring after removing as much of the Monarc mesh as he could.

“He had to do a lot of dissection to get that stuff. She still has chronic infections but the doctor says you can never get it all out, it’s impossible,” according to Albertson.

Endo Health Solutions Inc. of  Malvern, Pennsylvania diversified into medical devices for urology with its purchase of American Medical Systems in April 2011 for an estimated $2.6 billion ($30 a share), according to the Wall Street Journal (here).

That deal included about $312 million in assumed debt.  Endo purchased not only surgical mesh for male and female incontinence, but also a laser system to treat enlarged prostates and erectile dysfunction. Endo also purchased Qualitest Pharmaceuticals $1.2 billion and $223 million for urology products company HealthTronics.

Read more in this April 2011 story from Bloomberg (here).

More on American Medical Systems Inc. of Minnetonka MN

http://www.endo.com/solutions/ams

Quarterly filing May 2013

http://www.endo.com/investors/sec-filings

 

4 Comments

  1. Nonie Wideman says:

    I feel so sorry for Marion at this delay…. I know I want his to be over in my own life and having justice for me will help with closure and moving forward.. I hope this delay is in her best interest, as it is beyond frustrating……I hope she finds comfort in the fact many women are going to be praying for her, and justice for her.

  2. Jane Akre says:

    How interesting that Marion is another NURSE who has had a bad go around with mesh. What is it about the medical profession that so many nurses it appears are having mesh implants? Are they trusting the assurances of medical device sales reps? I have no answers just this question….

    • MarieAnn says:

      Jane, The reason there are so many nurses being implanted with mesh is because we are the highest risk occupation for POP and SUI. We are expected to lift heavy patients, pull them up in bed, work 12+ hr shifts, hardly have time to go to the bathroom , which strains the pelvic floor. There are NO orderlies, we work with skeleton staff, few nursing assistants. Basically we ruin our health by our desire to help others. There are many Baby Boomers who are still in nursing and are at the age for POP to present itself. Also, throw in working as a nurse through out multiple pregnancies and you got it….Hysterectomy, POP in our later years. Now we have the mesh kit companies making big bucks off this generation of nurses. I was once one of those nurses, but can’t work due to all of the above and 2 mesh kits which ruined my life. I loved my career and miss it terribly. I thought about trying to get a non-lifting job, but have to keep having mesh removal and repair surgeries.

      • Katie says:

        Now, Come on… your profession is no more harder on your body than my profession Is On mine. I’m so tired of hearing how hard doctors and nurses work and how much they pay for insurance and how many days the year they work. I AM a caregiver I travel to my patients homes and take care of them and work just as hard as any nurse and get paid eight of the income a nurse makes. Please don’t make your circumstances more dire than anyone else’s. Our world is made up of many different professions each one Demanding in their own way. And each one contributing to the health safety and happiness of all individuals. Please don’t play the martyr with me.

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