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Rizzo – No Attorneys’ Fees But Pay $14k to Bard over Dismissed Case

judge mallet 200The Good News 

Linda Rizzo and her husband Ronald do not have to pay attorney’s fees to C.R. Bard after they dropped their transvaginal mesh lawsuit against the company.

Judge Joseph R. Goodwin

Judge Joseph R. Goodwin

Judge Joseph R. Goodwin denied the move to recoup attorneys’ fees after the Rizzos dropped their case September 20th over her failed Avaulta pelvic mesh (Rizzo et al v. C.R. Bard), which was scheduled to go to trial October 8.

Judge Joseph R. Goodwin dismissed with prejudice the defective product lawsuit against the Murray-Hill, New Jersey-based company.

Generally speaking dismissing without prejudice refers to a procedural problem and allows the plaintiff to refile the case. Dismissing with prejudice indicates a final judgment and disallows them from refilling the case.  See definition here.

The Bad News

In the November 5 ruling (Rizzo #363 Order )Judge Goodwin, while denying the motion of C.R. Bard asking to be awarded attorneys’ fees, did grant part it in part. The Rizzos must pay Bard $14,096.42 to cover some costs such as filing fees and other pretrial expenses like deposition transcripts and medical records. 

Legally, the question was, was Bard considered the prevailing party making it eligible to receive fees and costs?  Generally, a voluntary dismissal with prejudice generally means the defendant (Bard) is the prevailing party.

Under federal law, Bard could recover costs for preparing for trial “including fees for obtaining deposition transcripts and medical records,” and that  ”the plaintiffs do not dispute the reasonableness of these costs.”

In his ruling Judge Goodwin did not grant attorneys’ fees because he said Bard “cannot argue that it is disappointed with the outcome of this case; Bard did not have to pay a settlement or expend resources at trial.”Bard Avaulta from website 200

 

The Problem with the Rizzo Case?

According to court documents, Bard said it had reason to believe the plaintiff’s expert witness failed the first-ever examination for board certification in the sub-specialty of Female Pelvic Medicine and Reconstructive Surgery, the results of which were announced on August 26, 2013.

The sub-specialty was established in 2012 and June 2013 was the first ever board certification overseen by the American Board of Medical Specialties. That would mean on the stand, Mrs. Rizzo’s attorney could not call the doctor a “board-certified urogynecologist.

What’s interesting here is that Bard settled the second transvaginal case it was facing (Queen) in the same courtroom, yet the plaintiffs did not ask to recoup their court costs.

Rizzo had sued C.R. Bard alleging her Bard Avaulta Plus Anterior and Posterior BioSynthetic Support System, used to treat pelvic organ prolapse was defective. Filed December 29, 2009 hers was a multi-count action for negligence, design defect, manufacturing defect, a failure to warn, breach of express warranty, breach of implied warranty, loss of consortium for husband Ronald, and punitive damages.

 

37,247 Cases

As of today, November 11, there are 37,247 cases filed in Judge Goodwin’s court to be heard against six mesh manufacturers. That number represents about 4,000 additional cases filed since mid-October.

The final bellwether trial naming C.R. Bard is Carolyn Jones (2:11-cv-00114) scheduled for December 3 in the same West Virginia courtroom. #

Learn More:

US Legal- Dismiss with Prejudice

http://definitions.uslegal.com/d/dismissed-with-prejudice/

Linda Rizzo v. C.R. Bard – Document #363

Rizzo #363 Order

Rizzo Complaint:

Linda Ronald Rizzo Complaint

Jones Complaint:

Bard Jones #1 Complaint 1-main

9 Comments

  1. Bejah Notrettu says:

    I am a little troubled and confused by this. First of all, does not the fact remain that the product was defective and did cause the damage she claimed? How can her case be dismissed if the basic complaint is valid? Also, is it not the responsibility of her counsel to make sure any expert witnesses are qualified. Does the plantiff now have the right to sue the law firm that seems to have failed her? This means because it was dismissed with prejudice that she can not ever re-file? This is very sad and upsetting and I feel very badly for her. Can she appeal this? Can she re-coup the $14K plus damages from the law firm representing her and BTW what law firm was it? Finally, what effect, if any, does this have on other cases…aside from the effect on morale. I do not know what this is but it is NOT justice.

    • Jane Akre says:

      Rizzo and her attorneys dismissed her own case after troubles arose with an expert. We don’t really know more. There are several mesh experts who can be called for the plaintiff so the reliance on the credentials of one is not understood. This case does not affect anyone else unless they choose to dismiss their actions close to the trial date. Just know Judge Goodwin is splitting the baby in half, as they say, not giving a favorable ruling to any one side.

  2. g guest says:

    NOT CONFUSING AT ALL, BEJAH, What some attorneys are doing is selling some women out in courts, I have seen it so many times , attorney’s stabbing people in the back and not representing them like they do others, a up play , down play, and even judges in on their evil mind playing games,

    Like the doctors and those most evil when they don’t want the truth told , they say someone needs drugs etc, like those doctors and nurses that lied to women and told women they were crazy, to cover up their evil butts and lied .

    THE COURTS SHOULD HAVE WENT AFTER THE DOCTORS AND NURSES AND FDA, AND MORE.

    ALL THAT COVERED WHAT MESH WAS DOING TO WOMEN, NEWS MEDIA TOO. IF THE STORIES ARE GOING TO BE TOLD, THEY ALSO NEED TO TELL WHAT SOME ATTORNEYS HAVE DONE TO THEIR CLIENTS. PROVOKING SOME TO ANGER TO DROP THEM , PAYED OFF TO COVER FOR THOSE IN MEDICAL , FDA, AND DOCTORS AND NURSES THAT NEED TO LOSE THEIR LICENSE AND GO TO PRISON FOR LIFE. . CORRUPTING COURTS , SOME WOMEN THAT ARE NOT SUCKING UP AND KISSING BUTT AND BOWING TO THE ATTORNEYS , THAT WANTED TO DICTATE TO WOMEN THAT THEY COULD NOT SPEAK OUT ON INTERNET. tHAT IS ABOUT AS CRUEL AS THE CHEMICAL COMPANIES , AND EVERYONE THAT GOT RICH PAYED OFF. i NEVER SUCKED UP AND KISS ASS TO KNOW ONE , 5 YEARS SUFFERING AND LIFE DAMAGED SO BAD AND THEY WANT TO GAG WOMEN FROM FINDING OUT ON INTERNET WHAT SORRY DAMN ATTORNEYS AND DOCTORS AND NURSES WOULDN’T TELL THEM.

    GET THE PICTURE? i didn’t suck up and bow , and kiss butt to them. ALL i wanted was to tell the truth and find out what what other women were doing to cope and where to go for help , wanting to be treated like a humanbeing. . I did not have the links as other women nor the funds, that should have been set up for all the women not just some, to get to doctors that would talk and tell the women truth as I wanted and never got.

    damn attorny’s that would not answer calls, I called them many times to ask what i should do about things, they knew they would drop some women just as they did me from the start. only provoking some women to anger more.

    like sorry damn news media that will not expose what hell these women are going through to cover for evil people like they are that suck up and bow , . and liars like they are too.

  3. g guest says:

    I called some attorneys today exactly what they are , and dirty scum of the earth, and cussed them out, I didn’t deserve what they did to me, they deserved my cussing and calling them exactly what they were. THEY DESERVED IT, AND THEY NEVER SHOULD BE TRUSTED BY ANYONE TO REPRESENT THEM EVER AND SHOULD LOSE THEIR LICENSE , FOR LYING TO PEOPLE LIKE THE DOCTORS AND CHEMICAL COMPANIES AND NURSES , AND THE FDA , AND MORE THAT COVERED FOR WHAT THEY HAVE DONE AND LIED TO WOMEN.

  4. twhite says:

    g guest, you are so right about these lawyers .My story will be told and published at the beginning of the new year.Most lawyers are no different than the crooks and evil, they say that the are protecting us from.I have spoken to several other mesh patients like myself.They to feel as though they we’re misrepresented,cheated ,lied to by the very ones who held recovery ,hope,justice and mental stability in their hands.What it all comes down to money.Lawyers could care less about those whom they represent.It wasn’t enough that my body was damaged beyond repair.The blatant mishandling of my recovery (settlement) drove me to near suicide.Faith in mankind no longer exist.They robbed me and moved right on to the next trusting mesh patient. They even identify themselves as protectors of women.Remember what is done in the dark shall come to light.

    • g guest says:

      twhite, I am glad I do not understand evil ways at all, I get angry to the point of cussing, with what I have had to suffer for 5 long years. I have my proof of records that the mesh, as some doctors lied , but then in records made comments of truth the mesh was protruding out in three places, and then another doctor that denied the mesh at first, I read his records,, when he admits in surgery trying to remove it, mentions how the 3 places, were protruding out, after that surgery it still is protruding out. THIS IN IT SELF IS ENOUGH TO BREAK A PERSON MENTALLY, BUT FOR ATTORNEYS TO PUT MORE ON A WOMAN THAT HAS SUFFERED SO LONG , WITHOUT FUNDS TO GET TO A DOCTOR THAT WILL TREAT THEM LIKE HUMANS, AND NOT LIE AND HAVE A 2 WAY CONVERSATION WITH THEM IN TRUTH TO THE BEST OF THEIR KNOWLEDGE OF THEIR PROFESSION TO GIVE THOSE LIKE ME SOME CLOSURE TO THEIR SUFFERING AND WHAT TO EXPECT. As the doctor that tried to remove the mesh said mine could not be removed,, and it is not any better even worse after tried to remove it.

      SOMETHING IS MOST DEFINITELY WRONG WITH WHAT ATTORNEYS ARE DOING ALSO TO CAUSE MORE SUFFERING OF WOMEN DAMAGED, i DID NOTHING WRONG TURNING TO INTERNET, , DOCTORS WOULD NOT TALK AND TREATED ME VERY CRUEL AND LIED FOR THEIR COLLEAGUES, NO ANSWERS, AND ATTORNEYS SAID i DIDN’T TRUST THEM, GUESS THEY DIDN’T LIKE IT WHEN i RESPONDED , TRUST HAS TO BE EARNED AND YOU HAVE NOT EARNED MY TRUST. They would not answer my calls and questions and played mind games with me, would you trust an attorney that did that to you? I told them what I wanted and that was to be allowed to tell the truth, in court, they are in the cities where these chemical companies employee those that pay off leaders in those states, and they are stabbing women in the back so the chemical companies do not have to pay out what they should. THEY ALSO KNOW WHAT HAS BEEN DON E IS CRIMINAL AND SOME SHOULD GO TO PRISON FOR LIFE, DOCTORS TOO, AND THOSE THAT COVERED THIS MESH UP, THE FDA, AND MORE THE NEWS MEDIA THAT REFUSED TO BLAST THE NEWS WARNINGS , TO WOMEN NOT TO HAVE THE MESH, AND THEN FOR COURTS TO AGA WOMEN KNOWING MEDICAL WAS NOT GOING TO TREAT WOMEN AS HUMANS WOMEN HAD NO CHOICE BUT TO TRUN TO INTERNET AND FOUND THEY WERE NOT THE ONLY ONES SUFFERING, AND TO GET INFO. FROM OTHERS HOW TO COPE, The anger and rage is justified, and I have said, the chemical companies should lose every penny they made, and not the government of the usa, giving cr bard reward of 300 something million in money after destroying lives in thousands and lying about it. I have always said too many lied and lies told, if someone wants the TRUTH, ASK ME, NOT THE LIARS THAT ARE EVEN IN MEDICAL. WHAT THEY ARE GIVING WOMEN IN A COUPLE OF MILLION WHERE CROOKED STATES TAKE MAJORITY NEEDS TO BE STOPPED, FOR THE LIVES DESTROYED THE WOMEN SHOULD GET EVERY PENNY IN MILLIONS NOT A COUPLE, AND THE ATTORNEYS NOT PUSHING CRIMINAL CHARGES AND STABBING WOMEN IN THE BACK , THE CLIENTS SHOULD ALSO BE PROSECUTED FOR OBSTRUCTION OF JUSTICE AND MORE AND NEVER ALLOWED TO PRACTICE LAW IN THIS NATION EVER, CROOKS AND CONS BELONG IN PRISON AND THAT GOES FOR A SORRY JUDGE TOO THAT ABUSES THEIR SEAT OF POWER.. TO GAG WOMEN SUFFERING NEEDS TO BE BANNED, THE TRUTH SHOULD COME OUT IN COURTS OF THE GUILTY SO THEY DO NOT WALK OUT THE DOOR LAUGHING AT WHAT THEY GOT BY WITH IN CRIMES, THEY HUNG SADDAM AND MORE FOR MASS DESTRUCTION OF PEOPLE. i SEE NO DIFFERENCE IN WHAT HE DID AND WHAT THOSE IN AMERICA ARE DOING TODAY IN AND OUT OF COURTS. IF IT WAS NOT COVERED UP, FOR GREED OF MONEY, WHY DIDN’T NATIONAL NEWS TELL ABOUT THE THOUSANDS OF WOMEN THTA WERE DAMAGED FOR LIFE AND WHAT THOSE WITH FDA AND MEDICAL ALSO LIED AND COVERED UP WHAT SO MANY GOT RICH OFF OF. (SPIT)

  5. g guest says:

    i have always said , I am not good, and do not call me good, if someone lies to my face and stabs my in the back with lies, I will chew you up and spit you out, TRUTH SHOULD ALWAYS WIN, IN COURTS AND GUILTY PAY, NOT THE INNOCENT.

  6. twhite says:

    sounds as though you and I have some common threads . I would very much like to speak with you.If possible please message me on facebook. Terrri Davis White,Ellabell GA. Like you have said its not enough that we (MESH INJURED) must endure the physical and mental destruction of body and mind. We are being screwed over by attorneys.You would never believe what the attorneys representing me did. Their actions drove me into madness, a dark place. What those lawyers did to me was worse than J&J (MENTOR) did. I put all my trust ,everything I had left emotionally in their hands. Only to realize later,that they too had robbed me of the only chance I had of a decent recovery,Not just me but a hundred other women. some like me have realized the injustice,others are still in the dark. Now these same greedy attorneys have moved on to their next vulnerable group of women. This is a true miscarriage of justice. Hope to hear from you,Thanks

    • bridget says:

      Hi TWhite. I am so sorry you have been wronged by your attorney. Justice is not just especially in the USA. Were you in the group that settled their cases this past year? I told have suffered terribly from mesh. I don’t have a lot of confidence in the system. I just found out I am facing more surgery. Worried I never recover physically or financially.

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