Mesh Trials So Far – Plaintiff v. Defendant

//Mesh Trials So Far – Plaintiff v. Defendant

Mesh Trials So Far – Plaintiff v. Defendant

Plaintiffs’ lawyers filing into Charleston court.

Mesh Medical Device News Desk,  November 2017 ~ Mesh Medical Device News Desk (MND) keeps tabs on the pelvic mesh litigation so far. 

Here are the Transvaginal Mesh Cases as of today: 

1. 7/12: $5.5 million – Christine Scott – C.R. Bard Avaulta Plus –  Bakersfield, CA
2. 2/13: $11.11 million – Linda Gross – Ethicon/JJ (Prolift)  – Atlantic City, NJ
3. 8/13: $2 million – Donna Cisson – C.R. Bard (Avaulta) – MDL WV
4. 8/13: Settled –  Queen v. C.R. Bard – (Avaulta Solo) – MDL, WV
5. 2/14: $0 – Carolyn Lewis – Ethicon/JJ (TVT-O) – MDL WV
6. 4/14: $1.2 million – Linda Batiste – Ethicon/JJ (TVT-O), overturned on appeal  – Dallas, TX
7. 5/14: Settled C. Schubert v Ethicon, (Prolift) –  MO
8. 5/14: Settled – S Wilkins Gynecare (TVT Secur) – MO.
9. 7/14: $0 – Diane Albright – Boston Scientific (Pinnacle )– Middlesex Co. MA, will win new trial
10. 8/14: $0 – Maria Cardenas – Boston Scientific (Obtryx) – Middlesex Co., MA
11. 9/14: $3.27 million – Jo Huskey – Ethicon/JJ TVT-O, survived appeal by Ethicon – MDL WV
12. 9/14: $73.465 million – Martha Salazar – Boston Scientific (Obtryx)  – Dallas, TX (judge reduced to $34.6 million tort caps)
13. 11/14: $6.7+ million – Amal Eghnayem – Boston Scientific (Pinnacle) – MDL, Miami  FL
14. 11/14: $6.7+ million – Margarita Dotres – Boston Scientific (Pinnacle) – MDL, Miami  FL
15. 11/14: $6.7+ million – Mania Nunez – Boston Scientific (Pinnacle)– MDL , Miami FL
16. 11/14: $6.5+ million – Juana Betancourt – Boston Scientific (Pinnacle) – MDL Miami FL
17. 11/14: $5.25 million – Jeanie Blankenship – Boston Scientific(Obtryx) –  MDL WV
18. 11/14: $4.75 million – Chris Wilson – Boston Scientific (Obtryx) – MDL WV
19. 11/14: $4.25 million – Carol Campbell – Boston Scientific (Obtryx)– MDL WV
20. 11/14: $4.25 million – Jacquelyn Tyree – Boston Scientific (Obtryx) – MDL WV
21. 1/15: Settled – Joan Budke, Ethicon (Prolift) wrongful death – Lake of the Ozarks, MO
22. 2/15: Settled – Wise v. Bard in the MDL
23. 3/15: Settled  – Bellew v. Ethicon (Prolift) – MDL
24. 5/15: Settled – Sanchez v. Boston Scientific (Pinnacle) – CA
25. 3/15: $5.7 million – Coleen Perry – Ethicon/JJ (Abbrevo sling) – Bakersfield, CA
26. 5/15: $100 million – Deborah Barba v. Boston Scientific  (Pinnacle Pelvic Floor Repair & Advantage Fit) – Delaware (judge reduced to $10 million citing “grossly disproportionate”)
27. 9/15:  Settled, Wicker v. Ethicon, (Prolift Anterior)  – MDL New Jersey
28. 10/15: $0 – Carol Cavness v. Ethicon/JJ (Prosima) –  Dallas, TX
29. 10/15: $0 – Martha Carlson v. Boston Scientific (Uphold) – Statesville, NC
30. 12/15: $12.5 million – Hammons v. Ethicon/JJ (Prolift) –  Philadelphia Court of Common Pleas
31. 2/16: $0 – Sherrer v. Boston Scientific (Solyx)  and C.R.Bard (Align) –  Kansas City, MO
32. 2/16: $13.5 – Carlino v. Ethicon/JJ (TVT)  – Philadelphia Court of Common Pleas
33. 2/16: $4.4 million – Taylor V Mentor OB Tape (TVT-O )  – GA
34. 9/16: Settled – Figueroa v Boston Scientific (Solyx SIS System) –  Dallas
35. 4/17: $20 million- Engleman v Gynecare, (TVT-S) – Philadelphia Court of Common Pleas
36. 5/17: $2.16 million – Beltz v. Ethicon, (Prolift) – Philadelphia Court of Common Pleas
37. 6/17: $0 – Atkins v. Ethicon, (TVT-Secur) – Philadelphia court of Common Pleas,  August a new hearing on damages was ordered by the judge.
38. 9/17: $57 million – Ebaugh v. Ethicon, (TVT, TVT-Secur) – Philadelphia Court of Common Pleas ($50 million punitive)
39. 12/17: $15 million – Hrymoc v Ethicon ( TVT-O and Prolift) – New Jersey Superior Court, Bergen Co. (included $10 mil in punitive, $1 million loss consortium)
40. 3/18: $35 million- Kaiser v Ethicon (Prolift) – Hammond Indiana, North District federal court (includes $25 million in punitive damages)
41. 4/12/18: $33 million- McGinnis v. CR Bard ( Avaulta and Align), Bergen Co Superior Court, NJ, (next day $35 Million in punitive damages added)
42. 6/15/18:  $0 Martinez v Boston Scientific (Pinnacle and Obtryx), Mass Superior Court, Woburn, (win for BSC)

TALLY:

Defense Wins:   8  (2 are getting another hearing)

Plaintiff Wins: 25

Settled:  9

These are only the cases the your editor is aware of. While we follow the trials in the U.S. closely, it is impossible to know how many cases have quietly settled or were never set for trial and are being settled en masse.  ###

By | 2018-06-20T15:57:59+00:00 November 28th, 2017|Legal News|24 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.

24 Comments

  1. Bejah Blue October 10, 2017 at 7:17 pm - Reply

    Thank you Jane…..Bejah

  2. Bejah Blue October 10, 2017 at 8:08 pm - Reply

    A couple more things…so what is the total hit to date for the defendant(s)? How many jury trials are still in appeal status? Please someone tell me how long the defendant corporations can appeal…and does it differ from how any of us, the people of this nation, can appeal? What is the line item budget for these corporations allocated for such losses and how does it compare to their profits for the same period? I want to look at their P+L documents.

    Bejah

    Also, I just prayed holding my little book of daily prayers for women and I did it after my afternoon sacred bath so my body and soul are cleansed of negative energy. I thought of Jane and her work when I read it.

    “Integrity lights the lives of those who choose it. It is a sign that grace is at work, empowering them to do what is right. ”

    This is based on Timothy 4:12 “Teach believers with your life: By word, by demeanor, by love, by faith, by integrity. AMEN

    GOD bless us, every one.

    • Jane Akre October 11, 2017 at 1:13 pm - Reply

      As far as appeal ( not a lawyer) you can appeal to the judge that the trial was held before. He or she usually says there are no issues appealable. Then you take it to the appeals court and it renders a decision. Then if you don’t like that…. you can try to have it certified before a higher court, that is your state supreme court. Generally, they do not look at it unless, and only unless, there are conflicting lower court rulings. If you are rejected at that level, you can ask again. After that you are flat out of luck and time to pay out.!! So far Gross, Scott and Huskey have all survived appeals!!!

    • Kitty October 11, 2017 at 11:11 pm - Reply

      Bejah….Love the mikvah…thanks for the prayers

  3. L October 10, 2017 at 8:31 pm - Reply

    Debating on settling. Top tier with BS, injured for life. The manufacturer wants to settle with no further medical expenses being paid for, admitting no guilt for only a couple hundred thousand dollars. PATHETIC!

    • Jane Akre October 11, 2017 at 1:07 pm - Reply

      L-Is that a couple hundred thousands BEFORE subtracting for legal percentage, expenses, common benefit fund, any liens or loans, any medical bills or insurance. Everyone seems to have their hand out at settlement time. I hope your law firm negotiates down and has a reasonable fee of 30% unless you were worked up for trial. Then 40% is customary is my understanding.

  4. Nora October 13, 2017 at 12:34 am - Reply

    Jane, need a lawyer in Illinois. Hope you get this

    • fred December 11, 2017 at 7:45 am - Reply

      Simmons Hanly Conroy LLC
      These are my wifes and seem real good.

  5. Ann October 13, 2017 at 1:39 pm - Reply

    Dear Jane
    Thank you for your last response to me recently….
    While i am waiting and waiting now impatiently, still check the ‘public access’ for my tvt mesh case progress …
    My law office says my case could settle any time…so if this is correct, what
    would it mean on my case comments in reference to ‘discovery’ ending date
    which is the end of this year?
    To me this indicates that no finale to ccase will come till the end of the year…am i way off base, here???
    Just a bundle of nerves and pain …

    Ann

    • Jane Akre October 13, 2017 at 2:39 pm - Reply

      I’m not a lawyer but a schedule to accomplish some things, such as discovery, can be put on the calendar to keep the case moving along. That in itself does not prevent a settlement offer from coming at any time. It’s really up to the defendant when the offer is made. As it gets closer to trial time… they are more likely to settle, one would assume.

  6. Linda October 26, 2017 at 4:59 pm - Reply

    I have a case file in the Chalston W.V. Court against Ethicon. I am considered high tier. Is there any way to find out what wave number my case is?

    Linda

    • Jane Akre October 26, 2017 at 10:01 pm - Reply

      Yes, of course asking your law firm. They should be keeping you informed. !!!! Also here is the So district of WV which lists judge orders
      http://www.wvsd.uscourts.gov/MDL/ethicon/index.html
      Since you can’t open them, you need a PACER account ( public access to courtroom documents) and it costs about ten cents a page. Pretty easy to figure out. But honestly, for what you are paying your lawyers, THEY should be keeping you informed.

  7. Crystal N Sculley November 30, 2017 at 12:38 pm - Reply

    I’m being told Colorado is a difficult state. Are you aware of any firms or suits in this state?

    • Jane Akre November 30, 2017 at 1:20 pm - Reply

      Most of these cases are not being filed in state court but amassed in California, New Jersey and West Virginia. Therefore it is not important that you have a local firm, in fact the local firm will likely feed it to a bigger firm AND take their cut…..If you are looking for a firm, contact Sheila Bossier who advertises on this site…. she is taking new cases.

  8. Tina December 2, 2017 at 1:29 am - Reply

    How can i get access on my case about tvm lawsuit with johnson and johnson and eithicon ? I have a lawyer in kansas city, Missouri and i live in Washington state?

    • Jane Akre December 2, 2017 at 5:33 pm - Reply

      Get your lawyer on the phone…
      Make sure you have your case number.
      Look up your case using Pacer and/or have them send you your Complaint.

      PACER requires you have an account, sign in and access your case in the proper court.. if you get your case number I will look it up for you…Do any of your papers have your complaint number? If you are filed in WV for example… it will start with 2:13-cv-XXXX (case number) Let me know….

      • Cher August 2, 2018 at 4:27 am - Reply

        Jane.. Exactly how do you get the case file number. I can’t even log into the client portal with my law firm. No one ever returns calls or email. It’s been seven long years and I really would like some answers.

        • Jane Akre August 2, 2018 at 12:53 pm - Reply

          Cher- In any early correspondence with your law firm, there should be a case number attached. For example, in West Virginia, most cases look like this: 2:12-cv-number We can look up the docket in your case through Pacer, which costs you 10 cents a page, so you may want your own account. Sometimes I help folks who are having trouble…. We can also look at the MDL and put in the search bar of the various mesh manufacturers. Write me if you need help janeakre@meshnewsdesk.com This is what lawyers are charging you 40% for– Hello Lawyers if you are reading this!

  9. Brandi Payton December 22, 2017 at 3:19 am - Reply

    I live in CA. All my surgeries were in LV, NV. I found out two days ago they used Seprafilm flurry after my first Hysterectomy in 2010. Never notified that the FDA settle with them. 7 surgeries later. I learned I’ve had 2 prolapse. Life has been a nightmare. Debilitating pain, surgery every year. Most recent prolapse was Dec 2016. Still recovering. Can’t sit or stand. I can’t wear clothing from my waist down, shoes or socks. Something happened to my nerves. The bottom of my feet hurt so bad. My feet constantly vibrate. My left leg, ankle and foot is worse than the right side. I can’t put pressure on it. Or rotate of motion in my foot. Shooting pains & shocks in both legs. If I try & stand I have so much pressure it feels like my inside are coming out. The constand pelvic pain. When bladder & bowel feel full- thats a big triggers. Everything intensifies the pelvic, back, bum, vaginal & inner thigh pain. I constantly feel like I have knives stabbing inside my vagina. It’s difficult to eat or drink. Very seldom have bm. I took a sip of Miramax. I thought I was going to die. It dropped me to my knees. Won’t do that again. It took about four months for the gas to go down in my abdomen. Trying to get an Ultrasound down. Had to reschedule do to all the gas. It’s preventing the ultrasound to visually see the organs. This surgery has been the worse. I’m still bedridden & can not take care of my basic daily needs after an entire year. I feel a tug & pull in the left hamstring. I know it has something to do with the Uterosacral Vaginal Vault Suspension.
    Are there any law firms that can take my case? So much going on. I was never told I had a prolapse. Everything I signed was for removal of Adhesions. I really need advice asap! The statue of limitation is here. I can’t imagine letting them get away with this. Especially when it wasn’t medically necessary

  10. Cheri Grabbe January 13, 2018 at 2:46 am - Reply

    My lawyer is Adam Slater. I guess I am in a mass group of asbout 20 women. Not really sure of details.
    All I’ve been told is he was hoping to agree on a fair settlement agreement with Boston Scientific hoping by the end of January 2018.

    I feel in the dark and really have no idea what’s going on.

    • Jane Akre January 14, 2018 at 4:35 pm - Reply

      Settlement discussions are largely secretive, as the defendant wants it that way… They definitely do NOT want it revealed how much they offer you. Know what kind of mesh you have, know your case number. If you are filed in New Jersey, you should be able to get your Complaint (the narrative of your injuries)! Ask them to keep you updated monthly, if not sooner….. even if there is no news. That is reasonable.

  11. Pat February 3, 2018 at 4:41 pm - Reply

    Jane,have you seen the latest MDL 2327 orders? Sounds like Judge Goodwin is really going to town on Ethicon cases!!!

    • Jane Akre February 4, 2018 at 10:28 pm - Reply

      Yes you are right…. It’s s*** or get off the pot time… trying to work on a story now. I get busy with other work though….

  12. Christina Riley June 26, 2018 at 9:53 pm - Reply

    My case is with a law firm in New York I live in California and I get absolutely no answers how do I see if they are doing anything in court on my case bard 017450-14 is all I really know without this news desk I would know nothing

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