Mesh Trials on the Horizon

//Mesh Trials on the Horizon

Mesh Trials on the Horizon

Adam Slater, Mazie, Slater

Mesh Medical Device News Desk, January 7, 2018~ 2018 promises to see a revival of transvaginal mesh product liability trials around the country. A number of cases are set to go before a jury in the coming months in New Jersey, Philadelphia and even Charleston, WV, where the multidistrict litigation is centered with more than 104,000 cases filed. 

Mesh News Desk will attempt to keep you up-to-date on the trials, however if anyone wants to attend and send updates to MND, it would be much appreciated.

In Charleston, WV expect May 15, 2018 as the trial date for the Wave 7 Ethicon cases and in June, Wave 6 of the Bard cases will be set for trial.  

NEW JERSEY

Prolift, MedTech Marketing

The New Jersey law firm of Mazie Slater Katz & Freeman, will bring the defective product trial of  Mary and Thomas McGinniss v. Bard to trial in Bergen Co. New Jersey on Monday, March 19. Docket No. L-017543-14.

There are 154 product liability cases naming C.R. Bard in this venue.  See the state cases consolidated in New Jersey here. 

There are 9,093 cases in the same court naming Ethicon (Johnson & Johnson).  See the list here. 

Opening statements will be heard in Bergen County before Judge Rachelle Harz.

Lori Cohen, attorney for C.R. Bard

Defendant C.R. Bard has added attorneys Lori Cohen (Greenberg Traurig), Marcella Duca, Melissa Gist and Marilyn Moberg (Reed Smith) to its team.  Cohen lost the first MDL case against Bard (Cisson) in August 2013 in the Charleston, WV court to attorney Henry Garrard.

New Jersey cases only allow you to receive the  docket here. You must request by mail to receive documents if you are not an attorney.

Philadelphia Court of Common Pleas

PHILADELPHIA

Philadelphia Court of Common Pleas, Philadelphia Co.~  Patricia Blockus et al vs Ethicon Women’s Health and Urology, was reset from November to January 8, 2018.  

Blockus is from Hunlock Creek, Pennsylvania, where she lives with her husband, Eugene.  The defendant corporations are Ethicon, American Medical Systems, Boston Scientific and CR Bard Inc. as well as Sofradim Production SAS, Tissue Science Laboratories Limited, Secant Medical and Prodesco, Inc.   The trial was moved from June 19, 2017 and the Case No. is 1307-00707  before Judge Arnold New.

See the case list here. 

She was implanted with a Prolift pelvic organ prolapse (POP) mesh March 19, 2007, and a PelviSoft Acellular Collagen BioMesh made by Bard here,   July 28, 2008, both at Gesinger Medical Center in Danville, PA to treat pelvic organ prolapse. The implant surgeon is Barbara Plucknett, MD.  Ms. Blockus underwent one explant surgery, July 28, 2008 by Dr. Mitesh Parekh, MD.

 

Bard claims its PelviSoft is highly effective for posterior vaginal wall defects and is “ideal for use in repairing rectocele and cystocele prolapse.” It was developed after Pelvicol, another biomesh, made by C.R. Bard in Covington, Georgia.  The promotional material does not say where the “natural” mesh is derived but further research finds it is made from porcine (pig) dermis or skin.

*Note* – See this Porcine dermis study, randomized control trial, with 12 month followup.  Using a cure definition as anatomic with no pelvic organ prolapse at Stage 2 or greater.  57 patients. Published in Obstetrics and Gynecology January 2013 by Patrick Culligan MD, Division of Urogynecology Atlantic Health System, Morristown, NJ.  See Clinical Trials here.

The complaint states negligence, manufacturing defect, failure to warn, defective product, design defect and common law fraud, the first among 16 claims. The Blockus family asks for punitive damages.

Peggy Pence, PdD and team at Symbion Research Intl.

BLOCKUS MOTIONS FILED

On May 5, 2017, Johnson & Johnson/ Ethicon filed motions to preclude the testimony of expert Peggy Pence, Ph.D., Uwe Klinge, M.D., Ph.D and Daniel Elliott, M.D..

This was done under Pennsylvania Rule of Evidence 702, known as the Frye Motion.  (Frye v. United States, 293).  Ethicon had filed almost identical Frye motions to preclude testimony in the Hammons case against Ethicon.

With Peggy Pence, for example, Pence is a regulatory expert with more than 40 years experience in the regulation of medical devices. Dr. Pence has testified that the Prolift was misbranded when brought to market because the manufacturer made false and misleading statements.

Dr. Uwe Klinge, mesh expert for Plaintiff

Prolift actually was marketed by Ethicon beginning in March 2005, prior to having any FDA clearance at all. It was only when Prolift M+ was submitted for FDA clearance did the FDA even know the existence of Prolift. Then, and only then, did the FDA issue it clearance to market, three years after it was already being sold!

Dr. Uwe Klinge is a biomaterials scientist who collects explanted hernia mesh and examines its properties. Ethicon wants to prevent him from testifying about Ethicon’s purported knowledge and state of mind, about degradation of mesh and particle loss.

Ethicon wants to exclude the testimony of Dr. Daniel Elliott, who will say that Prolift is defective and that Ethicon had a duty as a medical device manufacturer to make a safe and effective product.

Dr. Rosenzweig, from his promotional materials

The Ethicon motion aims to exclude Bruce Rozenszweig, MD  as an expert witness. There is a defense motion in limine to eliminate the Chevron MSDS and any discussion of Johnson & Johnson shredding of documents pertaining to its transvaginal mesh production.  See MND story here.

There is a defense motion to eliminate discussions heard in the Ethicon/Budke  wrongful death trial and the Linda Gross Prolift trial in New Jersey from 2013.

A Motion for Summary judgment filed by Ethicon October 6, cites that Ms. Blockus allegedly filed outside of her statute of limitation.  Ms. Blockus should have been aware of her mesh injury July 2008 and October 2010 and/or should have been aware of the 2008 and 2011 FDA Public Health Notices.

See Blockus Def Ethicon Motion for Summary Judgement, Oct, 2017

Ms. Blockus said she was not aware her injuries might be linked to mesh until she saw television commercials after which she filed her lawsuit.

The defendant says “a plaintiff cannot just sit back and wait to see a lawyer television advertisement before filing suit when there is similar, if not more detailed, information from a government source regarding a potential causal connection between a product and certain symptoms that has been accessible and available to the public for 5 years.”

Between March 2007 and November 2011 she says she experienced ongoing pain and urinary symptoms, four mesh erosions and underwent four surgical procedures to correct the erosions. She also had an additional prolapse device implanted.

Philadelphia Court of Common Pleas

ALSO IN PHILADELPHIA

Also listed for trial in the Philadelphia court is Hespe v Boston Scientific, Trial date certain – January 22, 2018. Case No. 130700947

Deimler vs. Ethicon Women’s Health and Urology,  Trial date certain – May 14, 2018, Case No. 13070136

There are 131 records found waiting for trial in this pelvic mesh mass tort in Philadelphia. ###

By | 2018-01-15T11:41:44+00:00 January 1st, 2018|News|52 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.

52 Comments

  1. Bejah Blue November 1, 2017 at 8:36 pm - Reply

    Thanks Lady Jane…Bless your soul, you just keep rolling out the news. Bejah

    (I expect to be offline for a few weeks due to impoverishment of sorts…I shall return as soon as I can). For now I have lots of books to read and lots of pens and paper to keep my occupied! Happy Thanksgiving all, remember to focus on gratitude for what we have rather than lamenting what we have lost. Love, Bejah

    • Hillyc November 3, 2017 at 5:08 pm - Reply

      Bless you. I hope and pray your financial situation improves soon. I definitely understand what it is like to have to go without modern conveniences and sometimes even the necessities because of lack of financial means. I’m happy that you still feel thankful this Thanksgiving in spite of what we have lost.

  2. Erma November 2, 2017 at 1:28 am - Reply

    PLEASE can someone explain how mesh manufacturers can hide info that has proven facts learned and found in other trials and research?

    Taking mesh off the market without explanation…. using mesh without FDA approval (Prolift). The Netherland talk show from earlier this year. (Search on this website”meshmedicaldevicenewsdesk” for those who do not know about this talk show.)

    GOVERNMENT AND PHARMACEUTICAL COMPANIES HOLDING HANDS.

    Where is the justice for us innocent mesh victims? Our government, doctors, pharmaceutical companies, lawyers have failed us……and we are expected to not talk about our mesh mess!? I lost my trust! JUST DON’T GET IT?
    __________________
    “Ethicon motions aim to exclude Bruce Rozenszweig as an expert witness. There is a Motion in limine to eliminate the Chevron MSDS and any discussion of Johnson & Johnson shredding of documents pertaining to its transvaginal mesh production. ”

    How can JnJ get away with the “shredding” of mesh documents after told not to destroy? And than asks courts to not mention this info. Plus other info like the Linda Gross trial?
    The info from the Netherlands talk show, Lucente’s false success documentation, etc.????

    I am so ANGRY…but legally I should hide this fact and my pain?

    Mesh ruined my life and thousands of others too.
    We need to be heard LOUD and CLEAR.

    • Kitty November 5, 2017 at 3:58 am - Reply

      No that is not the site. Last order was 10.16 2017.

  3. Erma November 2, 2017 at 2:03 am - Reply

    Deimler vs. Ethicon Women’s Health and Urology, Trial date certain – May 14, 2018, Case No. 13070136
    ____________________
    131 records awaiting this trial….very interesting what JnJ/ Ethicon have up their sleeve in dealing with this trial? Probably will settle out of court and records will never be seen by public??

    Thanks JnJ for over the 10 years of pain…little sleep…loss of a great job…no intercourse with my husband of 30 plus years…oh yes foolish me… I forgot what a mesh defense lawyer said about other ways to satisfy our husbands ….our hands and other body openings.
    What a scum bucket lawyer! What about our sexual desires? GONE!

    Love how Attorney Slater confronted your suggestions and how husband’s reacted to your comments.
    Why should we expect anything more from defense lawyers? It is all about the money and not one ounce of caring for the mesh victims and their families. We lost so much…no amount of $$$$$ money can buy what we lost!

    • Jane Akre November 2, 2017 at 11:08 am - Reply

      Hi Erma- Not sure what you are referring to regarding Slater…..as you know he is a plaintiffs’ lawyer….

    • Disgusted November 6, 2017 at 8:51 pm - Reply

      Erma,
      I think we have all been treated worse than rape victims. The implication that sex is a non-important entity to us as women. What is our issue anyway? (SARCASM) I was asked why I didn’t get counseling for loss of sex. Like this intimacy we have with our husbands is expendable. Makes me sick. I got counseling for PTSD. They just want to say, “you have a normal life” no big deal. Everybody’s happy. LIES. We know who is the father of lies.

      • Disgusted November 6, 2017 at 8:53 pm - Reply

        P.S. It is funny (weird) that they sell this under the guise that we’ll be more sexually attractive. How sexy are huge pads? Ironic don’t ya think?

    • Sheryl January 8, 2018 at 12:32 am - Reply

      Each victim deserves no less of a fight than what other victims who have a fair shot at justice get. It’s so cruel to the thousands who have lost everything and it sickens me. Prayers to those who are going through those horribly rough times and are being neglected or taken advantage of by the medical and/or legal systems.

  4. Bejah Blue November 2, 2017 at 1:38 pm - Reply

    Dear Erma, I think you are so upset we are not certain exactly what you are saying some times…it happens to us all. I think that generally we think of Mr. Slater as a good guy, don’t we? Thus Jane’s comment. Can you take a deep breath and try again dear? To comment about “satisfying your husband” in such a way is gross and base and not even worth revisiting. Who ever spoke in this way about such a sensitive subject should not have, had no right to and he is to put it simply about as highly evolved as…well “pond scum”. A sexual relationship between two people who love eachother is not about pleasing him and HE wants to please you so clearly men who approach the subject in any other way know nothing about love or a meaningful relationship. Do not waste your time even thinking about this. We know there are individuals out there who view the world and women in a deeply troubling way. They are sick. Focus on what is good, what is hopeful, especially in this season. You must try. You and your man will figure it out in your own way and it is no one else’s business. So sorry you are hurting in so many ways. Love, Bejah

    • Kitty November 2, 2017 at 8:58 pm - Reply

      Yes..the female Dr who I mentioned several blogs ago gave me the same advice. She brought it up. Recall the Dr. The neurologist ..the psychiatrist and the female PT who gave me breathing exercises and stated she cured some scar tissue in my teeny tiny VJJ. LOL

      • Bejah Blue November 3, 2017 at 4:35 pm - Reply

        My mom was very beautiful, much prettier than me…off topic I know. She once tried a new OB/GYN. That female doctor remarked that mom had “a cute little vagina”. What the heck is that supposed to mean? Mom learned later that the doctor was not, ahhemmm, a hetersexual person. Yikes. Mom never went back. She just did not feel comfortable. Life can be so strange. Bejah

  5. Anon November 2, 2017 at 10:34 pm - Reply

    Adam Slater is one of the most compassionate attorneys that I have had the pleasure of doing business with. He really care about his clients, individually. Please….do some research about Adam Slater and his law firm, Mazie, Slater, Katz, Freeman, including others not named in the heading, they are a special group of attorneys.

    • Erma November 3, 2017 at 12:52 am - Reply

      So very sorry I came across “COMPLETELY WRONG” about Attorney Adam Slater.

      He is the VERY BEST of the best in defense for mesh victims. I admire him and wish he was my attorney.

      I remember reading how Attorney Slater was very unhappy about a pharmaceutical defense telling the plaintiff that there were other ways for a women to meet their husband’s needs besides intercourse. I think Slater’s response was also mentioned on the Netherlands show about mesh.
      I’ve been fighting a UTI for weeks and I get little sleep. My body is getting immune to the antibotics and right now I am on a very strong antibotic that is killing my belly. I am sick, weak, and angry which is not good combo

      You all were right about your assumptions of me and my comments.
      In the heat of anger, I did not clearly write my thoughts in an understanding way.

      God Bless all of you and Jane too. Love you!

      • Jane Akre November 3, 2017 at 4:44 pm - Reply

        I get it, you were saying in defense of the plaintiff…. understandable….

        • Bejah Blue November 4, 2017 at 3:54 pm - Reply

          GOD bless you too Erma…Try to stay grounded, centered and breathe. Love ya, Bejah

      • Kitty November 4, 2017 at 10:47 pm - Reply

        I am sorry u were jumped on like that. I got what u were saying.

        • Bejah Blue November 5, 2017 at 10:01 pm - Reply

          Yea, I guess we are a pretty jumpy crowd, eh Kitty? Ha! But this is our safe place so we are OK. Bejah

  6. Lordhelpus November 3, 2017 at 11:28 am - Reply

    JnJ is so powerful, untouchable and so above the law that no one dares touch them. I mean, they’re so well respected, revered and adored by so many that the mere thought of undermining their great existence and/or abilities is something you just don’t do… (At least that’s what I’m picking up from this whole thing)

    • Bejah Blue November 4, 2017 at 3:55 pm - Reply

      Oh gosh, ask me…I’ll reach out and touch them in a meaningful way!

      Bejah

    • Kitty November 4, 2017 at 10:45 pm - Reply

      Yes. The J and J MDL west va is shut down. And that is a fact.

  7. Lisa November 15, 2017 at 8:14 pm - Reply

    Jane you always amaze and engage me! Thank you. I’m very curious on how the Judge ruled on all these motions. I’m gonna dive in and find out! Thanks again for all you do OH and also, you are so right, Opening statements of a jury trial are very interesting and emotional. Especially if you have an interest in the trial subject. Anyone who has the opportunity should definitely go. You’ll be very glad you did!

  8. Meshie January 8, 2018 at 1:10 am - Reply

    It really upsets me when lawyers say we should have know it was the mesh that damaged us not a commercial.

    How dare they. We had fought years,
    useless tests, medicine with horrible side effects, u needed surgery and in the end we lost why?

    BECAUSE THE MEDICAL COMMUNITY
    REFUSES TO ACKNOWLEDGE THAT
    MESH INJURED US,

    The commercials finally confirmed it, gave us knowledge and the inapt legal system that has kept us lingering.

    We are everyday gaining a foot hold. I feel like this will end up like asbestos fund. It will continue to injure.
    INMHO

    • Kitty January 14, 2018 at 5:01 pm - Reply

      Thank G-d for the commercials and Jane Akre.

  9. GG January 8, 2018 at 12:19 pm - Reply

    Jane I have a question. Have you or anyone here heard of the Plaintiff not accepting the defendant’s offer then their case showing as closed. I have tried to contact Lawyer and no response.

    • Jane Akre January 8, 2018 at 3:33 pm - Reply

      Keep trying, your lawyer needs to be responsive to you. Yes many plaintiffs refuse to accept the defendant’s offer. Often the case shows as closed even when it may just be in the negotiation stage…….Many plaintiffs notice their case says closed even if they have refused the offer. As you probably know, the defendant must get 90-95% to agree to a settlement before it can be finalized, so perhaps they are being optimistic.

  10. Lordhelpus January 8, 2018 at 10:23 pm - Reply

    It usually takes one serious crime to be convicted….these guys have thousands upon thousands under their belt….what is our court system waiting for, where is the justice?? Please stop allowing them to keep hurting us like this!! You haven’t an inkling of what it feels like to be in this kind of despair where it feels your whole life has been suddenly stripped from you and handed over to the government for some kind of sick experiment or something. This just doesn’t feel right. Something has got to be done!????????????

  11. TortSupport January 9, 2018 at 10:15 am - Reply

    GG, if your case is showing in the court as “closed”, that is an administrative closure and NOT a dismissal. Because of the vast amount of cases that are on the docket, Judge Goodwin had counsel administratively close all case that were actively negotiating with their respective defendants. This was to allow Judge Goodwin to assess which claimants had not yet begun discussions with their defendants so he could facilitate such.

    • Jane Akre January 9, 2018 at 2:21 pm - Reply

      Thank you for the information.

      • Anon January 9, 2018 at 3:30 pm - Reply

        Question! Jane…when you say, May 15, 2018, as trial date set for wave 7, Are you saying that all members of wave 7 are going to trial all at once as a group?

        • Jane Akre January 9, 2018 at 9:29 pm - Reply

          I wish I knew logistically how that would be handled. Trials were conducted with four plaintiffs in the past…. I bet the court doesn’t know either….Anyone? With tobacco, the court allowed the basic damaging information to stand with each case so they didn’t have to reinvent the wheel each time… it just came down to how that particular plaintiff would be compensated…..That certainly would move things along………

  12. Anonymous January 10, 2018 at 3:07 pm - Reply

    I see my name on the Gynecare caselist with a date filed but my attorney told me I am not in a wave – what exactly does that mean?

    • Jane Akre January 10, 2018 at 3:15 pm - Reply

      If the case says you are in a wave, you are in a wave……. Maybe you won’t stay there???? Impossible to know what he means.

      • Anonymous January 10, 2018 at 3:34 pm - Reply

        http://www.judiciary.state.nj.us/attorneys/assets/mcl/pelvicmesh/gynecarecaselist.pdf

        This is the link where I found my name and it doesn’t say whether I’m in a wave or not. I’ll have to call my attorney to get more info. Supposedly they expect to start payouts mid January.

        • Jane Akre January 10, 2018 at 3:59 pm - Reply

          Thanks for that. the Waves are in the MDL in Charleston WV where there are in excess of 104,000 cases filed….. it’s the only way to get through them en masse. I’ve not heard of any Waves in New Jersey, but I could be wrong, I’m not an attorney. Thanks again.

      • Caroline January 23, 2018 at 3:43 pm - Reply

        Has anyone represented by Motley Rice with a case against Ethicon or Coloplast received a settlement check yet?

  13. tiredofwaiting January 11, 2018 at 10:05 am - Reply

    I find it interesting that wave 8 hasn’t been scheduled yet.

  14. becky January 11, 2018 at 11:17 pm - Reply

    Has any thought been given to the claim that we were sexually abused by the mesh? That seems to be the only thing getting any public attention these days.
    It’s all over the TV, papers, magazines, etc. Now that would get the word out there.

    • Jane Akre January 14, 2018 at 4:39 pm - Reply

      I’m not a lawyer Becky but the mesh would have had to have a life of its own and intentionally rape or harass you…. since a doctor put it in, the medical standard could not be considered rape. Good thought though…run it past a lawyer… You are right that this could be considered a form of medical disfigurement and/or female genital mutilation…..
      https://www.medicalnewstoday.com/articles/241726.php

      Again, if it is the medical standard, it’s a tough argument to make.

  15. Redbird January 17, 2018 at 4:12 pm - Reply

    I was notified of an NPR segment on implanted devices, highlighting a new book, “The Danger Within Us”. It concerns all of us and most will find it very disturbing. https://www.npr.org/2018/01/17/578562873/are-implanted-medical-devices-creating-a-danger-within-us. I am not sure there will be any justice until our regulating agency takes a leadership role.

    • Jane Akre January 17, 2018 at 10:27 pm - Reply

      Thank you for the link Jeanne Lenzer is definitely onto this problem.

  16. Waiting for Justice January 22, 2018 at 10:34 pm - Reply

    Can anyone explain why all of this MDL stuff just keeps dragging along at a snails pace? Can’t Judge Goodwin get things resolved like he promised or was he just blowing a lot of hot air? I mean no disrespect but this waiting game is getting old!!!

    • Caroline January 25, 2018 at 8:38 am - Reply

      Waiting for Justice, I don’t get it either. This whole process has been “hurry up and wait.” I push my attorney for answers and feel like I’m getting the same this – a lot of hot air from all angles. So frustrating.

      • Jane Akre January 25, 2018 at 10:57 am - Reply

        What are you being told?

        • Caroline January 25, 2018 at 1:34 pm - Reply

          Last month I was told that checks would be issued by mid January. Now it’s end of January and I’m told that they are still waiting on the money to get into their office from Coloplast and now I’m told they no longer have a timeline for when disbursements will start. So basically the “run around.”

  17. CN March 7, 2018 at 9:01 am - Reply

    I started my case with AMS in 2015. I haven’t heard anything but its in the judges hands. Or its going to be the next quarter. I’m so tired of the pain. The ungodly painful sex, peeing the bed and always having to take 2 changes of clothes with me in case I have an accident. Why should I have to suffer the rest of my life because of someone elses ignorance and greediness? Makes no sence to me!

    • Caroline March 7, 2018 at 2:27 pm - Reply

      CN, I am so sorry to hear that. I will keep you in my prayers and hope that all of the legal issues will come to an end for us all soon. The focus should be on continuing medical care for those of us suffering and not trying to low ball victims as much as possible. It’s a sad world we live in some times.

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