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Day 8 Huskey v. Ethicon Defense Wraps Closing Arguments This PM

Dr. Christina Pramudji, MD

Dr. Christina Pramudji, MD

On this Day 8 of Huskey v. Ethicon, the defense wrapped up its case.judge mallet 200

Reviewing the documents, the medical expert for Johnson & Johnson, Christina Pramudji MD, agreed all of the documents she was provided with to form her expert opinion were given to her by the parent company of Ethicon, Johnson & Johnson. It was what was NOT provided to her which would be the basis of the plaintiff’s re-cross.

Fidelma Fitzpatrick, an attorney for Jo Huskey, 54, shows the emerging documents that say chronic pain, though rare, is recognized and that the traditional transitory treatment, expressed in the IFU does not address that. Prior to her implant, the inventor of the TVT-O Dr. Jean de Leval says the foreign body reaction plays a role in the development of pain… that is January 2009, one month before the implant of TVT-O into Mrs. Huskey, yet the products Instructions for Use (IFU) that go to the surgeon do not include that information.

Fitzpatrick is aggressive, firm and unrelenting. The judge warns her to slow down a bit so the court reporter can keep up.

The jury is only seeing this one woman Jo Husky, they presumably have no idea that she represents just one of more than 66-thousand similar cases filed in this case and 10-thousand mesh injuries worldwide with the numbers growing and the breadth of doctors who deny their pain is real.

A series of documents followed.

Information about younger, sports minded and active women does not appear in the IFU, the instructions for use asked Fitzpatrick, the lawyer for Mrs. Huskey. Dr. Pramudji agreed.

Transient pain is in the IFU but chronic pain syndrome is not warned about is it? Dr. Pramudji agreed.

Dr. Pramudji countered yesterday’s testimony that Ethicon decide to influence doctors by spending hundreds of millions of dollars influencing doctors through their various professional organizations.

That “M” meant thousands not millions, said the doctor. That would mean instead of Ethicon spending $200 million on influencing doctors it would be $200-thousand. “That makes more sense,” said Dr. Pramudji.

THINNER VERSUS HEAVIER WOMEN AND MESH INJURIES

The final point in the trial was a back and forth that might have been a bit confusing to the jurors. While Fitzpatrick had shown documentation that thinner, more active women have more complications with aTtVT-O, Jones had presented evidence that a lower body mass index (BMI) makes no difference. Dr. Pramudji concurred, this article didn’t make a distinction in heavier vs thinner women and the degree of injury from a mesh implant.

Judge Joseph R. Goodwin, Charleston, WV

Judge Joseph R. Goodwin, Charleston, WV

JURY INSTRUCTIONS

Jury instruction must be written with Illinois law in mind since Mrs. Huskey is from Illinois. Court watchers should look up – Illinois Patterned jury instructions to find out more here.

After lunch there will be closing arguments and jury instructions. Judge Goodwin said he had some trouble with what to tell the jury in this case. Judge Goodwin told the court with the jury gone that strict liability was easier when you were discussing dynamite.

Were the causes of injury to Mrs. Huskey specific or more generic due to the defect of the entire device? In other words, a specific or nonspecific cause of injury?

During this discussion, Mrs. Huskey began crying and is accompanied out of the courtroom with a female lawyer and paralegal. The jury is not present.

Judge – Is it your theory of the case that a specific defect caused the injuries or is it your theory that nonspecific defects caused the injury?

Ed Wallace (attorney for Huskey)  – Your honor I believe there are specific defects. I believe I can say both. I would submit for purpose of jury instructions it is a nonspecific defect that causes these injuries.

Dave Thomas (attorney for J&J) – I don’t believe non specific defect survives, I think it has to be a specific defect. The defendant did not have a duty to warn consumers such as Mrs. Huskey.

Judge- I don’t believe Illinois law to be as clear as you are making it.

As this story was being written, sitting outside of the Judge’s chambers during the lunch break, Mr. Thomas emerged from the back door of the Judge’s chambers with two other lawyers. #

 

19 Comments

  1. charles says:

    Thank you jane. I usually dont admit to the pins and needles syndrome but i am on them now

  2. Sandy says:

    I think we are all watching and listening and for me it is almost hard to breath at times when considering the impact the decision in this case will have on us all especially those who have this type of mesh in us! God Bless You Jane otherwise we would have no idea what is being said or happening! I wish there were more people like you.

  3. Maria Garcia says:

    Everything Dr. Pramudji told me was exactly the opposite of what she just said under oath in court. If I was not so deeply planted in my faith in God and the truth of His Word, I would just fall into despair. I was so close to her and she professed her faith in Christ to me but now my trust is shattered. Where are all the rest of Dr. Pramudji patients with TVT-O and Prolift devices that have failed?

    • Kitty says:

      Maria———-Two words come to me JUDAS and BENEDICT ARNOLD. How agonizing for you to bear this defector. Thank you for your strength that you are able to have words of wisdom thru out this for us.

      • Maria Garcia says:

        Thank you Kitty…I have to keep giving it to the Lord because it’s the only way I don’t just jump in my car and drive to West Virginia.

  4. Not liking this says:

    I am not liking that last comment you made. I don’t like that fact that a Judge of all people has to be confused about what to instruct the jury on, maybe it is because I am injured but it seems pretty darn not confusing to me. IF the judge is still confuse at the time jury instruction is givin, Ms. Huskey may not have a chance. I pray her, I pray for us all. Needless to say I am already not having a good day due to this mesh crap.

  5. Chris says:

    Maria,

    If you were a patient of Dr. Pramudj and have information that conflicts her testimony I would strongly encourage you to contact the plaintiffs’ trial counsel immediately (specifically Fidelma Fitzpatrick of Motley Rice). Or if you are represented by counsel to contact them immediately. It might be too late to present rebuttal evidence in this case but it could be helpful in future cases where Dr. Pramudj is a paid expert.

    • Maria Garcia says:

      I called the law firms and left messages on voice mail and with the operator because I thought that it would matter but I never received a call, email or text. Sometimes what seems obvious to a person of common sense may not make sense at all when it comes down to the law, lawyers and procedures.

  6. Tammy says:

    Thank you Jane, bless you for the wonderful job your doing . I pray for your safe travels.

  7. Jane R. says:

    Thinner vs Heavier? Are they kidding. I was thin until my surgery and blew up from Size 8 to 14 within 3 months after the surgery. Foreign body reaction? I am also on pins and needles.

    Even though this is J&J I hope this case will affect Boston Scientific future cases which is my sling.

    Thanks Jane. You are our angel for sure.

  8. stopmeshimplants says:

    I would not be surprised if they settled even at this late date.

  9. Record Everything says:

    I don’t know about others living this mesh nightmare, being lied to by doctor’s constantly…..but I have learned enough and now I realize the laws vary by each State, but I thank God above that I can and always do legally tape record my appointments! before doing so, be clear on what the law is where you reside or even if you travel out of state.. Some states require you tell the other person you are recording the conversation while other states do not.

    I pray the jurors see what Dr. Pramudj’s testimony really is, a pay off to do and say what unethical ethicon tells her to and what’s even worse, the money they are spending to pay off the Dr’s and so called expert witnesses would help women injured by this death trap called mesh.

  10. Terri says:

    Maybe the Judge is being paid off by J&J the same way the Dr’s are.

  11. Dean says:

    How does this woman sleep at night I thought Drs took an oath to care for there patients the best they can and not go to a court of law and lie and get paid for lying.The last case J & J lost they got reprimanded for having a star wittiness whom they also paid what’s the difference in this case she got sixty thousand for her opinion In my opinion she has let her self down and she has to live with this guilt for sixty thousand hopefully Mrs Huskey get the Jurors vote for justice and She won’t be of any use for them anymore it’s shame full

  12. PLC says:

    I’m a little worried 🙁

    Huskey’s lawyers didn’t seem strong and prepared but that’s just my thoughts.

    Judge almost seemed to sway towards the defence and even at times seem to keep jury from thinking in a different direction.

    • Maria Garcia says:

      I still have a good feeling but maybe it’s my Norco and suppositories kicking in…I will let you know tomorrow.

  13. Tambrea says:

    I finally made it to the news desk. Thank You Jane! Sounds like a Dog & Pony show. Why did our Attorney’s allow this to happen? I wish I would have been able to voice my concerns. Should drive to WV. So sad they are allowing this to happen. So many of us are suffering in silence!

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