Oldest J&J Pelvic Mesh Cases Readied for Trial in West Virginia Court

//Oldest J&J Pelvic Mesh Cases Readied for Trial in West Virginia Court

Oldest J&J Pelvic Mesh Cases Readied for Trial in West Virginia Court

Disintegrating J&J mesh, Sling the Mesh campaign

Disintegrating J&J mesh, Sling the Mesh campaign

Mesh Medical Device News Desk, November 2, 2016 ~ Judge Joseph Goodwin, who is overseeing more than 97,000 defective product cases in his federal court in Charleston, had predicted neither side would like his future rulings if they did not make some effort to settle outstanding transvaginal mesh cases.

Judge Goodwin is making good on his word.

Judge Joseph Goodwin

Judge Joseph Goodwin

Four hundred of the oldest cases filed against Johnson & Johnson, and its subsidiary Ethicon, are being readied for trial in federal court in West Virginia.

They are called Wave 4 cases and Judge Goodwin is setting schedules to have these cases readied for trial sometime next year.  In a number of pretrial orders (PTO), he has set deadlines for Fact Sheets, Discovery, Expert Motions, Interrogatories, Depositions and more.

All should be completed by May 4, 2017.

Byrd federal court, Charleston WV

Byrd federal court, Charleston WV

Judge Joseph Goodwin was assigned multidistrict litigation for transvaginal mesh cases in January 2012.

The 2,000 original cases has now grown to 97,300 with Ethicon facing 35,924, (as of Nov. 1), more than any of the six other manufacturers.

Judge Goodwin had become frustrated with the slow pace of litigation and has told both sides to get serious about settlements.

Protest in Charleston WV fed court, June 2015

Protest in Charleston WV fed court, June 2015

In February 2015, he predicted a “rocky path” if settlements were not forthcoming.  See a background story here.

Both sides are keeping a low profile on settlements but Boston Scientific and J&J ( Ethicon) are slowest to come to the settlement table.  Boston Scientific had 23,242 cases as of Nov. 1.

Plaintiffs' lawyers filing into Charleston court.

Plaintiffs’ lawyers filing into Charleston court.

Attorneys for both sides are being told to use the discovery that has already been generated to prepare for the J&J mesh products that have already gone to trial including TVT, TVT-O, TVT-Secur, Abbrevo, among others.

Each side is limited to no more than five experts per case, exclusive of the treating physicians.  A deposition can include the plaintiff’s friends and family members as well as expert witnesses that will be used at trial.  Interrogatory questions posed to each side are limited to 10 as well as 10 requests for admission per plaintiff.

Mesh Awareness Movement in Charleston, WV, June 2015

Mesh Awareness Movement in Charleston, WV, June 2015

Future status conferences will set for Daubert motions, that is a motion that limits the presentation of an expert on the basis that he or she is not an expert in their field.  See Daubert Motion here.

Motions to seal confidential documents will be heard on or before February 9, 2017.  Discussions on venue should be submitted to the court by that same date. Cases could be transferred to the federal district court as an alternative unless they remain in the federal court in Charleston, WV.

Judge Goodwin will set the trial date.  This order was entered into the court October 25, 2016.

LEARN MORE:

PTO #243 Wave 4 cases J&J,  Now facing scheduling deadlines, October 25, 2016.

Pretrial Order #238 severs the husband’s complaints without prejudice, meaning they can be filed again.

Pretrial order #240, October 11, 2016, directs those case still pending against J&J to provide the following on or before November 14, 2016. Proof of product identification, operative reports, including revisions and removals, and/or a certificate to Ethicon confirming thee documents have been previously provided to Ethicon.  That information will go to Butler Snow the law firm representing Ethicon.

PTO #239 gives deadlines for responses and replies to Daubert motions for Wave 3 cases.

 

By | 2016-11-05T14:49:56+00:00 November 2nd, 2016|News|42 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.

42 Comments

  1. Cheryl November 3, 2016 at 6:26 am - Reply

    Sle lupus, aquired Hemophelia factor vlll,and my life destroyed

    • Jane Akre November 3, 2016 at 7:25 am - Reply

      Cheryl, would you mind entering your information into this database for UCLA, which is researching mesh-related complications? Thank you.

      https://my.tonicforhealth.com/passage/survey/q9dTY0B9N-o9DHeaI4DdGA/welcome

      You can do so anonymously. These would be autoimmune symptoms you have experienced since your mesh was implanted. It’s important and I appreciate you doing it.

      • Tammie June 26, 2017 at 12:59 pm - Reply

        I am in the same way I have just stopped living husband left can’t enjoy sex can’t sleep with my husband pain dull and shooting at 55 my life is over emotional and physically I have a autoimune issue now as well ( DYSAUTONOMIA)

  2. Ron November 3, 2016 at 8:54 am - Reply

    Jane how does a plaintiff know what wave they are in? My mother has not heard a thing from her attorney. She’d like to get a new attorney but didn’t think she can change without causing her case to be dismissed.

    • Jane Akre November 3, 2016 at 9:41 am - Reply

      Not heard from her attorney is unacceptable!!! Ask them for a case number and where your case is filed. I can help you look it up. Otherwise find your manufacturer on Southern district of WV. Go to numerical list of cases and do a search there for your last name. You may not be filed in that venue….janeakre@meshnewsdesk.com… Also click on pretrial order #243 and see if her name is within the Wave 4 cases.

      • Still Standing November 3, 2016 at 3:14 pm - Reply

        Not everyone is in a wave. She will be notified if her case has been pulled to be in Wave 4. Those of you who are now part of Wave 4, be very concientious about filling out the paperwork you will be receiving. There are very tight dates set by the court. You could be hit with lots of paperwork to fill out/ sign, some have to be notarized so make sure you dont sign where a notary is required until you are in front of a notary. Also remember, as you complete your documents, you must be honest about everything, even some questions that might be embarrassing. When you sign, it becomes a legal document.

        • Kitty November 4, 2016 at 12:05 pm - Reply

          Thank u for advice SS

      • Karen November 22, 2016 at 6:27 pm - Reply

        Jane, I went to look at the 243 and I can’t open the file. My phone won’t do it.

        • Jane Akre November 22, 2016 at 7:04 pm - Reply

          Karen I do not see any 243 cases within that story. Could you please advise? janeakre@meshnewsdesk.com

          • Karen November 23, 2016 at 1:20 am

            Im Sorry Jane. You told a lady to find out if she’s in wave 4 to go to courts page and put in #243. I did that and couldn’t open it

          • Jane Akre November 23, 2016 at 10:11 am

            Karen- Please go to the bottom of the story and click on #243,,, scroll down, you should be able to see the list of women in that grouping. Please advise if you cannot see it…. thank you.

      • Ron November 25, 2016 at 1:41 pm - Reply

        Thank you for all your help. My mother received a letter from her lawyer saying the are partnering with a local law firm here in Charleston Wv, they say it is to expedite recovery. Does anyone know why they would do this? We have a call into her attorney but we’re not holding our breaths to hear from them. They never return phone calls.

  3. Sea November 3, 2016 at 9:03 am - Reply

    This seems to be handled unpresidential ? Our judicial system should follow the laws and not change nor alter them …

  4. Kitty November 3, 2016 at 10:46 am - Reply

    Are wave 4 oldest implanted or oldest filed?

    • Jane Akre November 3, 2016 at 11:17 am - Reply

      I believe oldest filed cases since that would be the easiest for the court to quantify.

  5. Anon November 4, 2016 at 6:17 am - Reply

    So……..Wave (1) (2) (3) cases are Ready!
    Ready for Trial, Ready for trial dates to be set, Ready for our cases to be remanded back to their originating districts. The same order went out for Wave (1) cases last August 19, 2015, Pretrial Order (PTO) #193. No action! We are Ready! Our attorneys are Ready!

    • Kitty November 4, 2016 at 12:17 pm - Reply

      So…….so sickening…but at least Jane throws us some crumbs…and we are ready to die

  6. Emily November 4, 2016 at 6:47 am - Reply

    Jane,
    I think this answers the question about Pretrial Order #240.
    Thank-you,
    Emily

  7. Myrna Hayes November 4, 2016 at 7:03 pm - Reply

    Hi. My mother is almost 89 years old and after about 30 years is estimate of serious UTIs kidney infections and mersa hospitalizations she was diagnosed in August 2016 in a consultation by UC Davis with a mesh that has dropped into the urethra. What do I do to document this case? Thnx.

    • Jane Akre November 4, 2016 at 8:06 pm - Reply

      Get her medical records, all of them. Mesh has been uses in the US for 20 years just FYI.

    • Still Standing November 4, 2016 at 9:33 pm - Reply

      When was the mesh implanted? It will be important for you to track down the surgical records when the mesh was implanted so you know who made the product. The surgical record should have the product name, etc., but if it was 30 years ago, that might be hard to do. Things were much different in medicine 30 years ago. Now, be sure her doctor puts his recent mesh discovery in her medical record. This is important because, while the statute of limitations on medical device liability is way past for your mother, the legal system allows the clock to start when you became aware that mesh was causing the problems. I dont know if there is a hard limit on when that realization can be claimed, but an attorney should be able to advise. Now, one more piece of advice. Please search for a reputable attorney and dont just pick one from the tv commercials. This would be a complex litigation because of the time frame and you dont need to mess around with a lawsuit mill. However, you must have the product name and manufacturer in order to start a claim. Bless her heart. Im so sorry she has suffered for so long. What an impact on the whole family, especially not knowing what was causing her pain.

  8. Lisa M November 4, 2016 at 7:17 pm - Reply

    I am not understanding this. My law firm is Kell-Lampin. I have a case number. Does that mean my case is legit? I haven’t heard from my lawyer since all the paperwork from my second surgery.

    • Jane Akre November 4, 2016 at 8:04 pm - Reply

      Please ask where your case us filed. Have them send you a copy of the complaint.

    • Still Standing November 4, 2016 at 9:21 pm - Reply

      Lisa, do not use your full name when you post here. If you are in litigation, your attorney will not like you to be on social media. Just be cautious.

      • Kitty November 5, 2016 at 4:44 pm - Reply

        I am wonderi.g if Tammy and Jan received.settlement….as they are out there.

        • Jane Akre November 6, 2016 at 7:34 am - Reply

          The short answer us no. Their lawyers are like yours wanting to avoid publicity, however the women feel strongly. Its is possibly the worst thing for J&J that wants to avoid bad publicity.

          • Kitty November 7, 2016 at 11:06 am

            I I understand Jane however Read Still Standing’s post she says don’t use your last name so just kind of confused…

        • Jan November 25, 2016 at 1:09 pm - Reply

          Hi Kitty, I have one rule with my advocacy. I have very rarely used or mentioned any of the manufacturer’s names in any posts or tweets. I cringe when they are mentioned, attached to any of my posts. I use the words manufacturer, industry. I have 1,000’s and 1000’s of posts. 6000 Tweets! Countless Emails Letters. I have discussed this with my counsel. Honestly, I can not remember any of these posts. I am always amazed when I read something that I posted. “I said that? Hmm! Wow! They have their work cut out for them. I’m Talking and I can’t shut up! It’s WRONG what has happened to us. WRONG!

          • Jane Akre November 25, 2016 at 6:41 pm

            Smart!

  9. angela November 13, 2016 at 8:18 pm - Reply

    I had my first mesh transplant in 1987, what a mess of surgery, I was in surgery for 7 hrs, and 6 weeks of excruciating pain, adhesions everywhere, and bowel fistula , dr put in another mesh, attached it to the existing one, whatever was left there, big mistake, it did not take, bladder dropped again, mesh was gone , and now nowhere to be found, not 1 dr wants to go in and remove, bladder infection after bladder infection, I give up, and I will put it in my Lords hands, he is still in the business of creating miracles, the mesh companies will never make it rigbt, but he will, Amen.

    • Jane Akre November 14, 2016 at 12:17 pm - Reply

      Am not aware that pelvic mesh was even on the market in 1987. Are you sure? Do you have medical records. TVT was introduced in Europe in 1997 and in the US in 1998. Before that there was ProteGen by Boston Scientific introduced in 1996 and recalled in 1999. Please advise.

      • Kitty November 17, 2016 at 6:14 am - Reply

        I know that they did bladder slings in the late 80s…but have no knowledge what material was used

  10. AlostSoul:( November 22, 2016 at 2:42 pm - Reply

    Any one knows about …Caldera ??? Court was last week… is it still a Class action lawsuit? Or did it go back to MDL?? I’m clueless. Help????

  11. SickAndTired November 24, 2016 at 10:59 pm - Reply

    Frustrated that my attorney stopped answering my emails. My case shows as closed in March on the court website. Didn’t Ethicon recently do a settlement? I’m really confused and angry right now because I have no idea what’s going on. My stress level is through the roof.

    • Jane Akre November 25, 2016 at 9:00 am - Reply

      Happy to talk privately if you want janeakre@meshnewsdesk.com Your law firm may not be ones settling cases. The fact that they don’t talk to you is not acceptable, in my opinion. Is this a firm that will stay with you and keep your case if you refuse settlement $$. A good question to ask if you can ever get them to respond.

  12. B November 25, 2016 at 10:15 pm - Reply

    Ok I heard from my lawyer in Sept and had to sign some paperwork. They said then they are working now to settle. How long does it take them to reach a number and mail to you?

  13. kelli December 19, 2016 at 8:51 am - Reply

    Is there any newsletters that can be sent to our e mail address? My attorneys never call and when I ask just tell me they are it’s still in the waiting process. I have never even heard of a wave before I found you website. Thank you for the information.

    • Jane Akre December 19, 2016 at 9:38 am - Reply

      Yes I occasionally send out emails with the latest, which you will find here. Use the Search bar and find what you need. Please add your name to the newsletter list on page one right hand column. Thank you!

  14. Linda J May 8, 2017 at 7:52 am - Reply

    I am on the list of cases but this has dragged on so long with J & J, Ethicon that it is ridiculous. I have a pelvic bone that was pulled out of shape because the mesh was put in too tight. Also I had to have pain shots in that area to kill a nerve that grew through the mesh. I would like to show these lawyers where I got the shots. The men lawyers would not like having a shot there but I endured 6 of them. I have talked to my lawyer he said there should be a settlement soon but I don’t believe him. It has been 3 years since it went to West Virginia Court. It was filed well before that. I am my wits end because I had to borrow money to have the mesh removed. I even asked my lawyer to find out what it would take to settle my case out of court and I get no response except an end is in sight. I am looking at assisted living and need the money to move. This has ruined my life and I just want to spend my last years with my husband in peace.

    • Jane Akre May 8, 2017 at 9:18 am - Reply

      I’m so sorry Linda. Do you have a doctor who can help you with your pain? With the enormous losses in court and mounting punitive damages, not just for mesh but for talcum powder, Risperdal, etc, J&J counsel must be contemplating mass global settlements. The losses simply are NOT sustainable, and coming from their recent meeting, they are all about sustainability!

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