January 3, 2016 ~ Sherrer v Boston Scientific and C.R. Bard, Mesh News Desk Motions to Regain Coverage Access
On December 24, Mesh News Desk and Independent News Group LLC, which owns this online news and information site, filed a brief with the court in Kansas City where the Sherrer pelvic mesh trial naming defendants Boston Scientific and C.R. Bard Co. had been delayed until after the holidays.
The case is Sherrer v. Truman Medical, 16th Judicial Circuit Court of Missouri. Case No. 1216-CV27879
The motion seeks to regain access to the pool camera in the courtroom supplied by Courtroom View Network (CVN) so coverage of the trial can continue on Mesh News Desk (MND).
You may access the December 24, 2015 Motion here.
Three weeks ago the defense attorneys representing C.R. Bard and Boston Scientific asked Judge Robert M. Schieber to have cameras removed from the courtroom. One defense attorney in particular did not like a comment directed at her. It did not cross the line of editorial standards established by Mesh News Desk so it was published. It has since been removed as a conciliatory gesture by Mesh News Desk’s editor and this author, Jane Akre.
In defense of the courtroom pool camera operated by Courtroom View Network, an attorney for CVN wrote,
“Trials are inherently public events, and attorneys representing large, publicly traded corporations at a multi-million dollar product liability trial involving medical devices alleged to have injured thousands of women nationwide can and should expect to be the subject of news media coverage and public discussion, whether in print on social media sites or around the local coffeehouse counter, which may not always be flattering.” ~ Attorney Jean Maneke
While the comment directed at defense is inflammatory, as are others from time to time, they do not interfere with a plaintiffs’ ability to have a fair trial or violate any courtroom guidelines, according to Court Operating Rule 16 here. Additionally, MND has a policy for editing comments here.
Jurors in any trial are instructed by the judge not to access media during trial proceedings, or to go online, so it is unlikely any member of the jury saw the comments or have read any coverage.
On December 7th the judge allowed CVN to stay in the courtroom but discontinued the MND access to the pool camera, which allows this site to cover pelvic mesh trials remotely as it has done previously when your editor is not in the courtroom. See background story here.
Kansas City attorney Jim Griffin (Scharnhorst Ast Kennard Griffin, PC ) has filed the brief on behalf of your editor and Mesh News Desk.
The Sheerer trial is particularly interesting because one plaintiff, Eve Scherrer, a RN for 33 years, was implanted with two pelvic meshes – the Align S, made by C.R. Bard, along with the Solyx made by Boston Scientific (BSX). There have been no previous trials that pitted a single plaintiff against two defendants at the same time.
Two weeks ago, the trial was adjourned until after the holidays. It will begin again Monday morning, January 4, 2016 at which time Griffin will be in court expecting to be heard with his motion before Judge Schieber. Stay tuned!