Pelvic Mesh MDL is Closing to New Cases!

//Pelvic Mesh MDL is Closing to New Cases!

Pelvic Mesh MDL is Closing to New Cases!

MAM rally in Charleston, WV in 2015

Mesh Medical Device News Desk, June 25, 2018 ~ It was opened in January of 2012. The multidistrict litigation (MDL) court handling pelvic mesh cases swelled to more than 104,000 cases. 

Now Judge Goodwin who oversees the MDL has issued orders that no more cases are to be filed in his federal court.

MDL 2327 – No More Cases Accepted!

The MDL is closing. Any new filings will have to be in state court, according to a June 21 order issued by Judge Joseph Goodwin in each of seven pelvic mesh MDLs filed in his federal court in Charleston, West Virginia.

Judge Joseph R. Goodwin, Charleston, WV

For example in the largest MDL, Ethicon (Johnson & Johnson)  Judge Goodwin writes in Pretrial Order #304, filed June 21, in the Ethicon MDL #2327 that since January 2018, his court has requested cases no longer be transferred to MDL 2327.

On June 19th, the Judicial Panel on Multidistrict Litigation entered a Minute Order to that effect.

“The court ORDERS that plaintiffs may no longer direct file claims against Ethicon, Inc. or Johnson & Johnson or any related entities in the Ethicon MDL (as set forth in PTO # 118) or in any other pelvic mesh MDL assigned to the court.” ~ Judge Joseph Goodwin 

Other MDLs have the same order – C.R. Bard MDL 2187;  American Medical Systems MDL 2325; Boston Scientific MDL 2326; Coloplast MDL 2387; Cook Medical MDL 2440; and Neomedic MDL 2511.

What does this mean for future mesh cases?   A plaintiff law firm will have to file in state court, either the state where the manufacturer is located or where the plaintiff lives.

It is unknown whether the plaintiff will be able to share in the “discovery” that has already been gathered to prepare these cases for trial. For a plaintiff law firm, it can take hundreds of thousands of dollars to work up discovery in pursuit of a case, so theoretically, the MDL system short-cut the preparation time.

Before the doors close, the MDL will be the setting for two Wave trials, Wave 7 and 8, against Ethicon.

WAVE  7 AND 8 AHEAD

H. Garrard leaving federal court Charleston WV, July 2013

Wave 8 cases in the Ethicon MDL, the last major trial by the federal MDL court should be concluded with discovery by October and made trial ready in a June 13th order by Judge Goodwin. See PTO 303 here.

Lori Cohen and team outside federal court, Charleston, WV, July 8, 2013

Ethicon, Johnson & Johnson, is still facing Wave 7 trials of about 150 pelvic mesh-injured women to be heard in this West Virginia federal court. The final settlement conferences are scheduled for August 1 with trial set to begin August 14.

At one time, the MDL contained 104,749 cases representing plaintiffs filing pelvic mesh cases against seven manufacturers.   Beginning in 2018, the trickle of new cases slowed to a crawl.

The cases of Carolyn Lewis v. Ethicon, Donna Cisson v Bard, Jo Huskey v Ethicon as well as Tyree v. Boston Scientific, among others have all been heard in the Charleston courtroom.

MND has covered those cases from the courtroom!  Use the Search Bar to pull up more on those cases.

THOUSANDS DISMISSED

Additionally, in the Ethicon MDL, thousands of cases were dismissed with prejudice because they were non-revision cases.   See MND story here.

In Pretrial Order #293, issued Wednesday, April 11, federal Judge Joseph Goodwin, overseeing thousands of defective product pelvic mesh cases amassed in multidistrict litigation (MDL), announced the court would dismiss more than 13-thousand Ethicon mesh cases where the plaintiff has a mesh-in-place with no attempted removals, also known as revisions.

There are many reasons a woman may not have her pelvic mesh removed – compromised health, a risk of going under anesthesia, a new complication to her health, a warning from her doctor that the risks of revision outweigh the benefit – all might preclude having a mesh removal.  Now that may count against her.

In compromise language, Ethicon agreed for plaintiffs who have more than one office revision of the mesh and have trigger point injections, vaginal physical therapy or vaginal Valium, would be treated the same as those plaintiffs who undergo revision surgery within five years.  ###

###

LEARN MORE:

MND, April 2018,  judge Goodwin to dismiss Thousands of Ethicon Non-Revision Cases
https://www.meshmedicaldevicenewsdesk.com/breaking-judge-goodwin-to-dismiss-thousands-of-non-revision-ethicon-mesh-cases/

 

 

By | 2018-06-25T15:06:43+00:00 June 25th, 2018|Legal News|40 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.

40 Comments

  1. M June 25, 2018 at 5:01 pm - Reply

    Thank You Jane! for this encouraging news. Good news coming out of this horrible nightmare. Our cases are being set free.

    • Susan June 25, 2018 at 11:58 pm - Reply

      How will the injured now start over? Will it help victims to get larger amounts from the makers?

      • Jane Akre June 26, 2018 at 12:36 pm - Reply

        This is the question for your lawyer? Filing in state court with your original file date should put you at the front of the line,,,, but this is why they are making their 40% — Demand answers!!!

  2. Still Standing June 25, 2018 at 10:17 pm - Reply

    I didnt read ths to be a remanding of all if the MDL cases back to state courts. It is a prevention of any new cases being filed in the MDL, which will in effect result in higher cost of litigation for the individuals since they wont be paying into a shared discovery MDL fund. I cant imagine how a new mesh case could get access to the discovery that the West Virginia mesh women have paid for. That does not seem right at all. It will, no doubt be complicated.

  3. Kissitgoodby June 26, 2018 at 3:08 pm - Reply

    Just happy that this forest of justice is closing. Too many variables involved in the MDL process that worked against the victim.

  4. Wren June 26, 2018 at 4:19 pm - Reply

    If and when these cases are remanded back to the states the person is from and a law firm does take their case and goes to trial, the Pharm Co”s lawyers may be stretched thin co cover so much territory. This is going to cost Big Pharma dearly. This is one big conundrum.

  5. V June 26, 2018 at 5:26 pm - Reply

    I feel that this court silenced the victim.

  6. Questions June 26, 2018 at 5:59 pm - Reply

    The court should have began the wave process years ago immediately after completing the Bellwether cases, and enforcing them. Our cases has been sitting, held hostage until the pharmaceutical giants were forced to come to the table. This process has been grossly unfair to the victim. JJ Ethicon destroyed 600 pounds of evidence, not including the emails and purged/deleted computer info of key Administrators that had been on litigation hold for 7 years and the Judge refused to allow this fact into evidence. Make you wonder! Is there more to this story? This pharmaceutical giant (JJ Ethicon) pay out Billions in bribes yearly, yet the settlement dollars that Ethicon is offering to the victims of their defective product is insulting and shameful.

    Shame on you court

    • Jane Akre June 26, 2018 at 10:48 pm - Reply

      But what can the judge do if the manufacturer digs his heels in and refuses settlements? He can’t force them? Early on Judge Goodwin said both sides would be unhappy and he wanted each side to get together on their own. That didn’t happen….. please don’t let your eye off the focus of thee manufacturers who are responsible for this mesh mess.

  7. Questions June 27, 2018 at 10:58 am - Reply

    Judges has been given enormous power by the U.S. Constitution, the weight of that bench is no joke. He or She are appointed court officials to referee, if you will, specifically, bound by Law to make sure that the rules of law are applied….fairly to all parties involved, to make sure that the Scales of Justice are attempting to be balanced by a Fair and Just court proceeding. Judge Goodwin handled and enforced the purge of wave 7 cases like a Boss. I pray that he apply that same spirit to purge wave 8 cases, according to the Law,… speedy. The victim has suffered enough.

  8. Anon June 27, 2018 at 3:59 pm - Reply

    Time is a friend to the pharmaceutical giants only, especially in civil cases, they have enough money to prolong the cases indefinitely.

    • Anon July 3, 2018 at 4:03 pm - Reply

      Sorry! My words were meant to enlighten not frighten. Time is on the pharmaceutical giants side because they are financial bottomless pits, so they use time to wait their opponents out… to make you settle for less or make you give up and go away. Our court system was set up to eliminate their advantage.

  9. Sheila June 27, 2018 at 5:19 pm - Reply

    So what does this mean for those of us waiting on an Ethicon settlement?

    • Jane Akre June 28, 2018 at 11:35 am - Reply

      If your case is filed, you continue to wait…. this is closed to NEW cases and as fast as he reasonably can, Judge Goodwin would like to resolve the remaining cases….Ask your law firm if you remain in the MDL or will be remanded back to state court. T\

    • WhoKnows June 28, 2018 at 8:31 pm - Reply

      Sheila:

      If your in the lower Waves (below 7), I was told settlement discussions are being negotiated. Just found that out.

    • Never the Same July 9, 2018 at 1:50 pm - Reply

      If you are in settlement process with J&J (Ethicon) pack your patience. I signed over a year ago and was told I should receive payment after the first of the year (this year), then by the end of the 2nd quarter (June 2018) Now they say J&J is overwhelmed with the conditions the Judge has placed on them. So no end in sight. I even wrote a letter to Judge Goodwin, so that he was aware of what was going on. He forwarded it to my lawyer who sent me a nasty letter back. At the end of this all, if we are alive to see settlement, we have not received justice from the courts, our lawyers or J&J. I have lost all faith in our justice system, Judges, lawyers and courts. My prayer to the Universe is that Alex Gorsky, the entire board of J&J and all the legal players have to endure the pain and suffering we all have gone thru. My life has been hell for almost 11 years now and this my friends is not justice. This is another form of abuse of women.

  10. WhoKnows June 27, 2018 at 9:42 pm - Reply

    In compromise language, Ethicon agreed for plaintiffs who have more than one office revision of the mesh and have trigger point injections, vaginal physical therapy or vaginal Valium, would be treated the same as those plaintiffs who undergo revision surgery within five years. ###

    Jane:

    Does this mean those of us who had revision surgery also Office visit Trigger Point Injection and Vaginal Therapy each count equally as a recolonized treatment? I had 4 surgeries and 1 trigger point office visit and vaginal therapy. So does this put me in the category of having 6 attempts to fix the problem I had with mesh and put me in a higher tier.

    • Jane Akre June 28, 2018 at 11:33 am - Reply

      I’m not a lawyer but I read this as the above would count as a revision if, for some reason, you cannot undergo a mesh removal with anesthesia. Lawyers please weigh in here.

    • Still Standing July 2, 2018 at 11:01 pm - Reply

      There is not an unlimited upper tier for injuries. Generally 3-4+ surgeries are the upper tier. I had eight surgeries, but dozens of trigger point injections, hundreds of baclofen suppositories and 30+ pelvic floor physical therapy visits, but still received what everyone with 3+ surgeries received.

      • Jane Akre July 2, 2018 at 11:20 pm - Reply

        I’ve been asked how the plaintiff is disadvantaged in this litigation. This is just one more example.

  11. daniees S June 28, 2018 at 12:32 pm - Reply

    how could we apply the phrase: Delay justice is not justice

  12. B July 3, 2018 at 8:04 am - Reply

    So if I had a partial removal surgery, and a mesh revision using my own fascia from my leg does that constitute as 2 surgeries ?

    • Jane Akre July 3, 2018 at 8:47 am - Reply

      I’m not a lawyer but my understanding is that a revision is removal or cutting away of the mesh that has eroded. harvesting fascia then wouild not be considered part of a a revision. Since you are likely paying your lawyer 40% of what you recover, this would be an excellent question for him/her.

  13. B July 3, 2018 at 8:07 am - Reply

    Also is a revision using my own facia from my leg instead of using mesh again constitute a small another surgery under general anesthesia ?

  14. mary July 3, 2018 at 9:00 am - Reply

    Jane how do you know what wave you are in and what tier you are in .my lawyer said i should be hearing something anytime up to 5 months that they will offer me a settlement i am thrilled also nervous i am in lots of pain the mesh has destroyed my life i still do my best but hard you have been so helpful in keeping us informed and i feel for all the women that has been harmed by this terrible mesh we will never get what we deserve from what they have done to us…thank you jane

    • Still Standing July 4, 2018 at 6:30 pm - Reply

      Mary, please work on your pain for a better quality of life. There are many ways to tackle this. Ask your physician for guidance. I try to focus on what happens now instead of what happened. We have no control over what happened, but can can impact how we let what happened sit in our life.

      Regarding the waves and tiers, you would know by now if you are in a wave case. Since your lawyer has indicated a settlement is in the works, you are not being readied for trial. It involves completion of a lengthy plaintiff fact sheet, depositions of yourself and doctors, it is very expensive to your case to do that process. My cost was $85,000 but I still received settlement based on the established tiers. I doubt that there will be additional wave cases ordered as judge is moving toward resolution of all outstanding cases.

      Tiers and their value vary among the manufacturers. Some have product in place, no medical issues, others do not. This tier is generally under $10,000. There are higher dollars for POP mesh compared to mesh for SUI. Next tier is 1 surgery, next is 2 surgeries, next is 3, but sometimes goes to 4+ surgeries. The top tier for mine was twice what the top tier has been for others. However, your attorney might have negotiated a higher amount for his or her clients based on how many cases he/she has with that manufacturer. A firm with mire coients certainly has more bargaining power.

  15. sher July 10, 2018 at 10:55 pm - Reply

    has any one heard of when wave 3 funds will be distribute

  16. Still Standing July 11, 2018 at 10:26 am - Reply

    Your funding schedule will be based on your attorney negotiations. Law firms reach agreement for their clients only. They then have to deliver 95% of their clients as settled before funds will be distributed. Have you signed settlement papers or waiting to hear something? Has a qualified settlement fund for your attorneys been set up by the court?Once you sign papers, it can take a year together your first disbursement .

    • Jane Akre July 11, 2018 at 10:38 am - Reply

      Still- Your thoughts here. Should a client insist on seeing their final numbers before they sign a settlement agreement? I understand that may be difficult because the firm may have yet to negotiate down any medical and insurance liens etc, but given that, the firm should know the hours its put in, expenses, what the initial amount will be and just leave open the yet to be negotiated liens. Is that reasonable?

  17. Still Standing July 13, 2018 at 3:35 pm - Reply

    I think you should adk for you case costs up to then: since the 25% is legally required to yold back on your settlement dollars, that is where lein resolution comes in. They have no way to know how much the insurance people will claw back, but you can get an idea of how much you will owe the firm and the MDL fund.

  18. tiredofwaiting July 14, 2018 at 11:49 am - Reply

    Does anyone find this strange……my husband is also listed on the MDL. We noticed on his linked in page the associate director of retaliatory affairs from Johnson and Johnson Ethicon is looking at my husbands LinkedIn page. My husband is NOT in the medical or pharma industry….

    • Jane Akre July 15, 2018 at 11:15 am - Reply

      Do you mean regulatory affairs??? Lol. Coleen Perry and her husband were tracked on social media during their vacations. They found her ziplining if you recall…use Search bar and put in Perry. She won her case.

  19. tired of waiting July 16, 2018 at 8:33 am - Reply

    yes, sorry silly auto correct. Regulatory affairs. I really find this creepy and an invasion of privacy.

  20. tiredofwaiting July 16, 2018 at 10:22 am - Reply

    So, even if you are not going to trial and they have agreed to settle, they still would track you?

    • Jane Akre July 16, 2018 at 10:25 am - Reply

      It is honestly difficult to know what a company would do to preserve the status quo, especially as it appears to be losing the war.

  21. neverthesame July 17, 2018 at 2:11 pm - Reply

    Has anyone else signed their settlement agreement and is still being told by their so called attorney after 13 months, it is a long process? Still Standing did you reference distribution within a year. My case has cleared the investigation and lien research and still being told that they are working on it. I am so frustrated at this joke of a legal system. It almost seems like my law firm is working for J&J. My attorney pushed to sign by 6/15/17, threaten to drop my case if I didn’t sign, being in the upper tier I figured something was better than nothing with the way the courts were moving and my health is failing. Now 13 months later, I am being told how dare I accuse my attorney of working for J&J. Letters to the special master, Judge Goodwin just get forwarded to my attorney. Who then shoots off a nasty letter to me. I wish there was someone who would stand up for us, Nations Law firm is collecting 40% plus expenses and they act like I am a bother when I send an email checking on the status. I would encourage anyone who has the hernia mesh issues to do their research when selecting an attorney. My case was sold 3 times. Don’t let this happen to you. The legal system in this country is a joke. I am a proud American but disgraced by this legal experience. Not to mention the FDA failures and Big Pharma whose goal is to disfigure, mutilate and poison the human race for the almighty dollar. Thank you for letting me rant, it was either this or something much more diabolical and my husband said no to that. HEHEHE

    • Jane Akre July 17, 2018 at 3:22 pm - Reply

      I’m so sorry Never. Unfortunately your experience is typical with this MDL. cases solicited and then sold, often without your knowledge…. then the waiting game.Then the insults when you inquire. For 40% I would think they owe you some decency, assuming you are just making an inquiry and are not contentious. I’m so sorry….. let me know if MND can help. You are right about shopping for a law firm ….get your agreements up front along with how often you can expect to be contacted by the firm for an update, preferably by a lawyer or paralegal and not some minimum wage person.

      • Never the same July 17, 2018 at 7:15 pm - Reply

        Thank you Jane, this site is a blessing for me and all the mesh injured. I appreciate the information and the commradary. I may have become contentious of late due to my frustrations. You make me realize that I am not alone in this and it is a pattern of delay for all at this point. I just wish Judge Goodwin would step in and insist that the agreements we’re honored in a timely manner. Thanks for all you do!

        • Jane Akre July 17, 2018 at 11:12 pm - Reply

          You are so welcome…I’m so sorry this travesty has hurt so many lives and their families…..its been a tremendous injustice. That’s what keeps me going!

  22. Anonymous July 20, 2018 at 8:21 pm - Reply

    I was looking it up and I’m wondering if we can’t sue our attorneys for breach of fiduciary duties. Mine promise and promise and promise to take it to court and at the last minute he said no. He said I needed to take the offer that was on the table or he was going to drop me. Well your attorney can’t just drop you that easily I read after it was too late. I’m so sick and tired of these guys taking hundreds of thousands of dollars from crippled women and then walking away. I don’t know what kind of people they are but they’re not men their spineless uncaring unmoralistic amoebas. This is total b*******. And I agree the American judicial system is only for the people who are making the money, the attorneys and to add insult on top of injury they take 40% of our settlement! While we spend the rest of our days fighting pain going to doctors looking at nerve blocks more surgeries Etc. And you know what we have no recourse whatsoever. These attorneys are gods. And who do we go and talk to about this. Who do we scream to the roof about this because nobody cares about us. The me-too movement should see us but they won’t care either. I never knew the world could be so selfish but my eyes have been made to be wide open now.

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