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Mesh Trials So Far – Tally Plaintiff v. Defendant

Plaintiffs’ lawyers filing into Charleston court.

Mesh Medical Device News Desk,  Oct. 9, 2017, Mesh Medical Device News Desk (MND) occasionally keeps tabs on the pelvic mesh litigation so far. 

The losses by defense far outnumber the wins. 

 

 

 

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)   -MO9.
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
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
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

TALLY:

Defense Wins:   7  (2 are getting another hearing)

Plaintiff Wins: 22

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.  ###

9 Comments

  1. Bejah Blue says:

    Thank you Jane…..Bejah

  2. Bejah Blue says:

    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 says:

      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 says:

      Bejah….Love the mikvah…thanks for the prayers

  3. L says:

    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 says:

      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 says:

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

  5. Ann says:

    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 says:

      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.

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