Philadelphia Gets Green Light as Venue for J&J Pelvic Mesh Cases

//Philadelphia Gets Green Light as Venue for J&J Pelvic Mesh Cases

Philadelphia Gets Green Light as Venue for J&J Pelvic Mesh Cases

Mesh Medical Device News Desk, May 23, 2018 ~ For some plaintiffs, it can make all of the difference where their case is litigated. Some courts and judges are known to be more friendly to injured plaintiffs.

If you are a defendant, Big Insurance, Big Asbestos, Big Tobacco – you call these “Judicial Hellholes.” 

 But if you are a plaintiff you try and have your case heard there.

Image: SCOTUS, Wikipedia

The Philadelphia Court of Common Pleas has been a jurisdication favorable to mesh-injured plaintiffs. Plaintiff compensation there has ranged from $2.6 million (Beltz) to $68 Million (McGinnis), with just one case (Atkins) resulting in a defense win.

So naturally folks wanted their product liability cases heard there.

But last year, there was a shakeup in the form of a U.S. Supreme Court decision (Bristol-Myers Squibb v. Superior Court of California).

According to the ruling there has to be a good reason for choosing a particular venue. Either the plaintiff had to be injured in that state, has to reside in that state, or the manufacturer has to have some ties to that state.

Scales of Justice, WikiCommons

 

GET OUT OF PHILADELPHIA

Last July, three plaintiffs suing Boston Scientific in Philadelphia agreed to litigate elsewhere due to the Supreme Court decision.

Based on that argument, Ethicon wanted its cases removed too.

Prolene mesh and particles

Now after a May 18th decision, Ethicon cases will stay in Philadelphia.

The reason – Plaintiffs’ lawyers found Ethicon uses a manufacturing plant based in Perskasie,  Bucks Co. Pennsylvania.  Secant knits the polypropylene  (Prolene, Ethicon’s proprietary name) into mesh then returns the knitted mesh to Ethicon, a subsidiary of Johnson & Johnson (J&J), for further processing.

The opinion was issued by Philadelphia Court of Common Pleas Judge Arnold New on May 18.

(See it –  Judge New May 18 order here).

Judge New cites the testimony of a former J&J employee who said Secant performed an “integral portion” of the manufacturing of mesh that went into Gynemesh, Prolene, Prolift, Prosima, TVT, TVT- Exact, TVT-Obturator, and TVT-Secur pelvic mesh devices.

The Prolift +M was manufactured by a non-Pennsylvania based plant.  The Court then found there was not a personal jurisdiction in which non-Pennsylvania plaintiffs implanted with Prolift +M in an order dated December 4, 2017.

Ronna Moore was one of those women.

As a resident of Texas implanted with the Prolift +M she appealed her dismissal in January. In February, the appeal was discontinued.

The ruling means about 100 Ethicon/ J&J cases filed in that jurisdiction, now get to remain in the Philadelphia Court of Common Pleas, whether or not the injured resides in Pennsylvania.

Philadelphia Court of Common Pleas

 

TRIALS IN PHILADELPHIA AHEAD

So a number of trials are set to be heard in Philadelphia.

Among them:

1307-01491  Perigo Etal v Ethicon Women’s Health and Urology, Trial date: July 30, 2018. 

1307-01577 Mcfarland Etal v Ethicon Women’s Health and Urology, Trial date: August 27, 2018. 

1307-01495  Emmett Etal vs Ethicon Women’s Health and Urology, Trial date: November 19, 2018. 

1307-01580  Mohn Etal vs Ethicon Women’s Health and Urology,  Trial date: January 14, 2019. 

1307-01583 Carter Etal vs Ethicon Women’s Health and Urology, Trial date: February 1, 2019.  ###

 

LEARN MORE:

MND, Mesh Trials so Far Plaintiff v Defendant
https://www.meshmedicaldevicenewsdesk.com/mesh-trials-far-tally-plaintiff-v-defendant/

 

By | 2018-06-02T15:27:58+00:00 May 23rd, 2018|Legal News|7 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.

7 Comments

  1. Anon May 23, 2018 at 4:39 pm - Reply

    A huge win for these Mesh Warriors!

  2. Never The Same June 12, 2018 at 10:57 am - Reply

    Is anyone else having trouble getting settlement funds from their attorneys. I regretfully signed my settlement agreement last June and was told they hoped to have funds by first of year. (I only signed because at the rate Judge Goodwin was moving I would be dead before reaching a court room) The attorneys drop you into a black hole of no communication. After contacting the special master I received a letter in December stating they hoped payment completion by the end of the 2nd quarter of 2018. I have been notified all the lien resolution is complete. Now as the end of the 2nd quarter is rapidly approaching, they blame J&J being too busy with court orders to complete processing. At this point I will die before seeing the settlement funds. I feel so helpless and have lost all faith in the legal and medical system in this country. I have no idea if my attorneys are lying and collecting interest on the funds or if it is indeed J&J delaying. I would like to know if Judge Goodwin knows what is going on. I personally don’t care if J&J has to hire 100 workers to complete what has to be done. They and all the other manufacturers have committed this crime against women and it is time for them to honor the signed agreements and pay for their sins.

    • Jane Akre June 12, 2018 at 11:33 am - Reply

      The mesh makers are in no hurry to make your life easier, adding insult to injury, in my opinion. I’m sorry.

    • Still Standing June 13, 2018 at 12:32 am - Reply

      Did the court set up a qualified settlement fund for your firms plaintiff settlements against an individual manufacturer? You can check that by going to your particular MDL orders and you will see a qualified settlement fund is established for ( your lawfirm) and certain plaintiffs counsel. Then there should be another one setting up a special master to manage the settlement process. The defendants then deposit the agreed on amount in this fund and then they are free from any settlement processing. Incidentally, they also get to claim a big tax deduction for that year that the fund was established. That just doesnt seem right, but it is true. Plaintiff attorneys also want the Special Master because processing settlement is messy. Doing the lein resolutions, setting up special needs trusts, making sure there are no bankruptcy or other legal claims on the settlement dollars takes a lot of time and expertise. There is a lot of liability. So, when the money is put into the fund and the Special Master gets going, the attorneys receive their 40% check immediately, while the plaintiffs have to wait for all of the legal requirements for issuing settlement dollars. If the court has not set up a qualified settlement fund for your law firm, then there is something going on behind the scenes.

  3. Anon June 13, 2018 at 4:43 pm - Reply

    I received a check from my settlement about a year later, after signing the settlement agreement. I had bankruptcy issues and insurance resolutions to resolve.

    • Jane Akre June 14, 2018 at 9:59 am - Reply

      And…..? Was it incredibly disappointing? Did you lawyer advocate for you and reduce your pending debt? Was there any forgiven debt that was revived because of the settlement?

  4. Anon June 15, 2018 at 4:01 pm - Reply

    I feel that the experience is different for each client. Yes…the settlement was disappointing. The firm hired a resolution company to negotiate my insurance lien. Some firms protect their clients, some don’t.

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