Mesh News Desk Files Brief to Stay in Court as Sheerer Pelvic Mesh Trial Resumes

//Mesh News Desk Files Brief to Stay in Court as Sheerer Pelvic Mesh Trial Resumes

Mesh News Desk Files Brief to Stay in Court as Sheerer Pelvic Mesh Trial Resumes

Jim Griffin, attorney for MND

Jim Griffin, attorney for MND

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. 

Lori Cohen, attorney for C.R. Bard

Lori Cohen, attorney for C.R. Bard

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,

Jean Maneke, media attorney

Jean Maneke, media attorney

 

“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

Generic juror drawing

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.

 

judge schieber

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!

By | 2016-01-03T22:18:30+00:00 January 3rd, 2016|News|22 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

22 Comments

  1. Debra allen January 4, 2016 at 1:07 am - Reply

    Hi jane where is the trial at for sherrar i live in the kansas city area and would like to attend my sister also had the mesh implant and suffers everyday like so many o worry about her constantly she lives 7 hours from here and it’s hard because i can’t be with her i barely get to talk to her ahe just stays in bed sleeps alot all the while my mom takes care of her and so my mom calls and tells me how she is doing thats never good news i have never seen anything like it my siss is in constant pain i went to see her and all she did was sleep didn’t have many conversations ans it’s just awful to see her suffer before all this she was outgoing funny and had a job hwr future well i don’t know but not a good one sorry there are no quotations i hope to hear from you thank you

    • Jane Akre January 4, 2016 at 10:20 am - Reply

      I will email you the address in Kansas City. Thank you!!!

      • janet January 6, 2016 at 6:56 pm - Reply

        Does anyone know how it is going for us with this trial

        Also if anyone knows please let me know regarding upcoming trials on Boston scientific in judge goodwins court

        I have been waiting for dates but none have been listed

        In that court

        • Jane Akre January 7, 2016 at 1:46 pm - Reply

          Hi Janet- Judge Goodwin is hearing Mullins et al on April 11,,, that is 200 plaintiffs when last I checked. Also Edwards has been moved to June 3 in Charleston. That is all I have for his courtroom.
          I’m working on a court calendar now…. the soonest is Jan 25 iin Philadelphia, Carlino v. Ethicon. Sherrer trial is underway now but we have been shut out. Please sign up for the newsletter and I will issue the judge’s decision in there.

          • janet January 8, 2016 at 1:35 pm

            Jane, thank you so much for always being there for us.

            I just pray that things will end and end on a good note for us.

            These manufactures are doing us such an in justice, and it could be so simple by just doing whats right

            and pay up.. But, instead they want to throw money out the window for there companies.

            So, So sad

            But I guess we will all be dead before the right is done for us

  2. Mary Pat January 4, 2016 at 1:18 am - Reply

    Jane, awesome work! My prayers are with you! God bless you and your attorney!

  3. Hal Lewis January 4, 2016 at 10:03 am - Reply

    The most interesting thing to me is that this judge received his undergraduate degree in JOURNALISM from Missouri… which has one of the highest ranked Journalism colleges in the nation.

    So he clearly knows the ins and outs of media law, etc., and the importance of the free press.

    Hopefully he will grant our motion!

    • K January 4, 2016 at 11:48 am - Reply

      WOW!!!!

  4. jade January 4, 2016 at 11:07 am - Reply

    It is my humble opinion that we mesh victims are the spoils of greedy, self-serving mesh manufacturers and their unscrupulous doctors and immoral lawyers. So essentially we’ve been twice bitten!

    • Alaina January 16, 2016 at 3:18 pm - Reply

      Yes jade I’m tired all the time and the issues are no fun as they do rotate and change before a dr who see s you once in a while and so dr appointments cannot be counted as accurate!!!

  5. Tammy (KY) January 4, 2016 at 3:05 pm - Reply

    Prayers going up for you Jane…..go get them! Freedom of Speech…

  6. Barb January 4, 2016 at 9:29 pm - Reply

    I could not be happier for you Jane~ it is true like the Judge said about the media coverage and it’s public knowledge that anyone can sit in on alot of trials!!! Just maybe we men/woman whom have been injured by these huge manufacturers are getting some satisfaction as things that were forbidden in court are now being allowed and published so now they have been and will continue to be exposed!!!!! On another note I believe I know the answere but would like anyone to comment. I had my most invasive surgery in July 2015, 5 procedures were completed including the mesh that eroded, I had a sever UTI, bladder and over growth of bacteria in October 2015 started having sever bleeding again in December 2015, my doctor did a cath test and the test again showed sever UTI, bladder and yeast which is what the term over growth bacteria means. I went today she did an exam found a piece of mesh eroding. how can it be just one piece? She tried pulling it out it’s shaped like a fishing hook but to no avail there is tissue growing over this newly found mesh!! Does this mean that this mesh has fallen apart?? I also have 2 defective devices. So if this particular device is decomposing or appears to have broken off another piece. we can surely loose these pieces through urinating. She thinks the bleeding is from having the sever infections could this be a possibility?? Having an ultra sound Thursday. Isn’t it amazing that when ever we see our specialist something else is found I thought every thing associated with this mesh mess for myself (20 issues all related to mesh) It is very scary since there has been so many issues related to the prop in these products!!!!!

    • Jane Akre January 5, 2016 at 12:12 pm - Reply

      I’m glad you are getting an ultrasound since that is the only way to see the mesh. The problem with mesh is that in some cases it does break apart and migrate…..if you have it placed transvaginally, the leading theory is that bacteria is trapped inthe mesh through the vagina and that starts a biofilm bacterial colony. That’s the theory Dr. Raz is working on. Makes sense. Search bar on “Biofilm” and read about it.

      • Still Standing January 5, 2016 at 3:31 pm - Reply

        One reason we seem to get UTIs is that the surgery can shorten our urethras. Men have urethras that are 8 inches or so, women have less than 2 inches. When this is shortened from surgeries and scarring, it just isnt adequate ro protect the bladder and to keep bacteria from the rectum from entering the bladder. I was on antibiotic for seven months and within a week of stopping the antibiotic, i have another UTI. Never had UTI until my transvaginal mesh implant. Not sure now what my doctor will recommeend. Will provide any information I get from him this week.

        • DEe Freeman January 11, 2016 at 7:41 pm - Reply

          Still Standing, keep standing strong. You are not alone contending with the recurring UTI’s which unfortunately will become relentless in recurring and most often with Hematuria with non- related to aspects of your personal hygiene, hormonal imbalance, or sexual intimacy. Antibiotics become resistant to treating recurring UTI’s. I have been contending with UTI’s since 2009, inguinal hernia mesh implant surgery 2008. I have been prescribed antibiotics numerous of times. Several doctors are confident that the Mesh is not the culprit. My Cystoscopy test showed bladder is voiding fine, and the mesh has not migrated. But as of yet no explanation of the origins of non-infectious and infectious complications. Jane posted to search biofilm. I did and will be taking the information to my new Urologist.

      • DEe Freeman January 11, 2016 at 6:36 pm - Reply

        Thank you Thank you Jane,

        I did BIOFILM search and the information is phenomenal. I will be presenting what has been researched to my new Urologist.

  7. Toni January 6, 2016 at 10:41 am - Reply

    Wow still standing thank you for this info I have fought UTI since my last surgery and have been to 3 Dr and numerous tests . Have had no explanation of why till reading your post.

    • addison January 7, 2016 at 10:16 pm - Reply

      Hi Toni. Has your Urogynecologist done a cystoscopy to check for mesh in your bladder, or do you possibly have urinary retention? These are other possibilities. I hope you receive answers soon. It’s so frustrating.

  8. janet January 7, 2016 at 2:17 pm - Reply

    Has anyone heard any information regarding the trial going on with

    Boston scientific

    I hear nothing

    I stay on the news desk just to keep updated

    • Jane Akre January 7, 2016 at 2:30 pm - Reply

      have you signed up for the newsletter… i will have an update there. page one. sign up… choose html.

      • Janet January 7, 2016 at 6:15 pm - Reply

        How do I sign up and where?

        • Jane Akre January 7, 2016 at 9:40 pm - Reply

          Please go to mesh news desk On the right hand column you will see a newsletter signup. Thank you. Choose HTML for the correct formatting.

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