*Update- Tuesday morning, Jury has this case now and a verdict could come at any time. Jurors wanted to see medical records though we are unclear what they asked for specifically. Missouri Lawyers Weekly reporter Jessica Shumaker is in the courtroom.
She tweeted in the closing that Dr. Shlomo Raz in a taped deposition said the pelvic mesh injury rate could be five percent and “In the long term we have created a monster.”
Jury had requested medical reports from Dr. Vladimir Iakovlov, but the request was denied. The information was for demonstrative purposes only they were told. However, MND covered the November 2014 Boston Sci trial where Dr. Iakovlov appeared on the stand. He authored in 2013 “Mesh is Not Inert” and showed jurors a picture of mesh that hardens like a piece of plastic and incites inflammation causing scar tissue that encapsulates mesh as it tries to distance itself from the invader. See the study here.
Waiting now Tuesday afternoon for a verdict. Here is Monday’s story:
Mesh News Desk, February 1, 2016 ~ It may be the longest transvaginal mesh trial in history- beginning December 2nd, breaking for the holiday, the Sherrer case is just today wrapping up and going to the jury.
It may also be notable in that it broke new ground in what online and social medical can and cannot do in reporting a story. See background stories below.
Mesh News Desk today has an eye in the courtroom in the form of Jessica Shumaker, reporter for Missouri Lawyers Weekly who is sending live Tweets from the courtroom!!
Follow here tweets here:
Also look at the Twitter hashtag #kcmesh
Eve Sherrer, 65, has both the Align and Solyx polypropylene mesh implants made by C.R. Bard and Boston Scientific to treat her pelvic organ prolapse. This is the first case to put two defendants on the defense at the same time.
Attorneys Grant Davis and Tom Cartmell represent Ms. Sherrer and conducting the closing. Davis asked the jury what conduct is expected of a medical device company. Consider Ms. Sherrer’s condition, she has groin pain infections and a gait change. Davis suggests $10 million for damages from the last five years post- surgery, and $18 million for the rest of her lift.
Davis said Bard bought polypropylene resin from a third party.
Lori Cohen for C.R. Bard said mesh from a prior surgery is the same type plaintiff has been critical of and jurors will have to decide if her claims could be due to that mesh.
Cohen “Your body is your most precious asset. Would you entrust your body to lawyers or to doctors?”
Robert Adams for Boston Scientific told jurors the case is all about money and it doesn’t meet the standard for punitive damages. He said that Sherrer had abdominal mesh from a surgery in 1998 and that wasn’t disclosed until the fifth week of trial.
Why are plaintiffs trying to induce sympathy/anger? “They know you don’t make sound decisions when you’re angry or sympathetic.”
The plaintiffs in this case must prove, by the preponderance of the evidence, that the Solyx and Align are both defective and caused physical damages to Ms. Sherrer. They must also prove that the alleged failure to warn her physicians about the risks, caused her damages. The jury also has the opportunity to award Ms. Sherrer punitive damages, which have typically run into the millions of dollars.
C.R. Bard recently paid compensation of $3.6 million to the first pelvic case to go to trial in a Bakersfield, California courtroom.
Boston Scientific recently received a favorable jury verdict in the Martha Carlson case in Statesville, North Carolina (here), while also in October, the company was denied a new trial in the highest verdict yet in pelvic mesh litigation – the $100 million Barba pelvic mesh case. See the story here.
Opening Arguments Sherrer Trial, December 2, 2015
MND Denied Access to Trial
MND, Dr. Raz Contributed to Sherrer Injuries, December 3, 2015