Thousands Purged from Ethicon Pelvic Mesh MDL

//Thousands Purged from Ethicon Pelvic Mesh MDL

Thousands Purged from Ethicon Pelvic Mesh MDL

Federal court, Charleston WV

More than 2,400 cases Dismissed Without Prejudice today

Today, Monday, August 6, Judge Goodwin has been busy dismissing pelvic mesh cases from the Ethicon multidistrict litigation (MDL).

Image: Robert C. Byrd federal court, Charleston, WV

These are women who have “mesh in place” from the Gynecare family of meshes which includes:  TVT, Retropubic (TVT) or Abdominal (TVT-A) System, Gynecare TVT Obturator System (TVT-Obturator), Gynecare TVT Abbrevo Continence System (TVT-Abbrevo), and/or Gynecare TVT Exact Continence System (TVT-Exact),

They are filed in the Ethicon (Johnson & Johnson) MDL or multidistrict litigation where cases are consolidated awaiting trial.   Dismissed without prejudice, means they can be refiled if the woman undergoes any future mesh revisions/ removals within five years.

Judge Joseph Goodwin


FIVE ORDERS TODAY

Nearly 1,500 cases were dismissed without prejudice by Judge Goodwin before lunch today, See #6509, #6508, #6507. Two additional #6510 and #6511 were filed after lunch.  Each filing has approximately 500 names of plaintiffs. Altogether they removed 2,471 from the active list of defective product cases naming Ethicon.

In #6508, two plaintiffs are deceased (Milam 2:15-cv-05586, and Bunch 2:15-cv-04772), and three have lines through them (Lefever 2:14-cv-26332, Steward 2:14-cv-23424, and Koch 2:15-cv-07315).

#6507, includes one plaintiff who has died,  (White 2:13-cv-28950). If a plaintiff dies, her estate must motion within 90 days for a substitute to continue the case.  See judicial order here. 

Will they ever have their day in court?

At one time in excess of 104,000 cases populated this multidistrict litigation (MDL) where cases are consolidated awaiting trial. , Johnson & Johnson’s Ethicon division was facing the most cases, 40,000 earlier this year but last month, Judge Goodwin said that number had been whittled down to 10,000 cases.

Some of those remaining are set for trial this month.

Scales of Justice, WikiCommons

Ethicon argued the Gynecare family of meshes it produces are still on the market, still making money for Ethicon and even called the Gold Standard by at least one medical society, AUGS.  Nevermind that some of the Ethicon meshes have been found to be defectively designed in a court of law (Huskey, TVT-O).

 

QUALIFYING PROCEDURE

Pretrial order #293 (Amended to 298), defines the future for these plaintiffs.

Some of these plaintiffs range from having a mesh in place with no problems to being unable to undergo additional surgeries for a host of reasons.

Judge Goodwin has made it clear that within five years if a patient has a “qualifying procedure” she can refile as that could substitute for a full mesh removal surgery.  That means:

For purposes of this order only, Ethicon agrees that plaintiffs who, although their treatment does not qualify as Revision Surgery within five years after the election, have more than one (1) in office revision of the mesh and who also have concomitant treatments of trigger point injections, vaginal physical therapy or utilization of vaginal Valium, that are demonstrated to be necessary by 6 contemporaneous medical records and that are performed by a competent, licensed physician who is neither retained nor funded by a plaintiff’s lawyer or a litigation funding entity for purposes of performing such procedures or treatments, nor where the litigation funding company has a relationship with the physician or the facility (or any related entity), will be treated the same as those plaintiffs who have a Revision Surgery within the five year period, as described above; however, the applicable statute of limitations shall begin to run upon the completion of the second of such multiple qualifying procedures.”

 

ADDITIONAL DOCKET ACTIVITY

#6512 is an Inactive Docket Order stating that the following 27 cases have agreed to a settlement model with regard to Ethicon.

The court finds it unnecessary to conduct further proceedings on the active docket for those cases.  Both sides may submit an agreed order of dismissal with prejudice on or before August 31 2018 to have the case finalized. Otherwise the court will hold a hearing to determine the appropriate actin pertaining to any remaining cases on the inactive docket.  Counsel for both plaintiff and defendants are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket.  The case can be reinstated if one of the parties motions the court showing, “good cause for such reinstatement.”

Among them Long v Ethicon, 2:13-cv-02133 (Lanier Law, NYC),  Menegos v Ethicon 2:13-cv-10117 (Fentersheib Law),    Glasco  2:13-cv-12041 (Lanier Law),    Sheehe  2:13-cv-31020 (Motley Rice).

Also today Blizzard & Nabors LLP, counsel for some plaintiffs agreed to a confidential Settlement Agreement with Ethicon and some of its clients.  Ethicon will pay the settlement to the Blizzard-Ethicon Qualified Settlement Fund to be dispersed according to the terms of the Settlement Agreement and to attorneys for fees and costs and any lienholders including governmental entities and to the Special Master and Fund Administrator.

The Settlement Alliance, LLC of  Houston, TX  is the appointed fund administrator.

 

LEARN MORE:

See if your name is listed on those cases dismissed without prejudice! 

Pretrial Order #293, April 13, 2018  
https://www.wvsd.uscourts.gov/MDL/ethicon/pdfs/PTO_293.pdf

Mesh News Desk, Judge Goodwin to Dismiss Thousands of Ethicon Non Revision Cases, April 11, 2018
https://www.meshmedicaldevicenewsdesk.com/breaking-judge-goodwin-to-dismiss-thousands-of-non-revision-ethicon-mesh-cases/

         Docket #6510 (here) 

Docket #6511 (here) 

Docket # 6512  (here)

 

 

By | 2018-08-13T16:44:18+00:00 August 6th, 2018|Legal News|10 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.

10 Comments

  1. Still Standing August 8, 2018 at 2:29 pm - Reply

    What is the probability that these women will find attorneys to refile their cases since the qualifying factors would equal just one revision surgery, putting them in the lowest injury tier and there won’t be higher injury plaintiffs to float the lower tiers?

    • Jane Akre August 8, 2018 at 3:07 pm - Reply

      In my opinion, each of these cases should be review to determine WHY the woman has not undergone a revision. Is she in pain and has complications but cannot undergo surgery? This is not a one-size fits all situation where you can assume that they are NOT injured. They very well may be. Judge Goodwin, don’t let J&J have its way here.

  2. anonymous August 8, 2018 at 3:29 pm - Reply

    Jane,
    Even though my case with Boston Scientific wasn’t dismissed they granted me a measly 10000 because I haven’t had the revision as of yet. We’ve been going through this case since 2013 and Boston Scientific was the mesh that my doctor informed me was so much better than Ethicon’s. We almost lost our place to live and unfortunately had to borrow against it. That 10000 for five years of living expenses cost me 47000 so I will receive nothing. We are living in subpar housing because I’m not able to work because of the pain and this is all I’m going to get, a big fat zero.
    I’m truly so depressed and in so much pain every day that I don’t think I can live like this for another 20 years. Even the thought of it makes me want to give up.

    • Jane Akre August 8, 2018 at 4:18 pm - Reply

      I’m so sorry…… that’s what you gt with no revision? Curious why you didn’t have one. Despite the defense stance that women are rushing out to get their V’s sliced opened to gain more $$$ I haven’t found that to be the case. You can write me privately… if you prefer …. janeakre@meshnewsdesk.com

    • Still Standing August 8, 2018 at 10:19 pm - Reply

      Im so sorry you have had such a financial blow from this. It is tragic for so many women. I want you to know you are not the only one who questions how you are going to get through this and if you can do it. I was implanted in 2008, have had many surgeries and found out last week I have more eroded mesh. It just feels like a house of of cards where one thing collapses the entire structure. Friends and my many doctors tell me Im the strongest person they know, yet, I took a terrible detour into despair and tried to end my life. It was a brutal experience. My take away from this is that I stopped valuing my life because I cant be who I was before the mesh, what I planned for my life was turned upside down. I firmly believe, however, that we all have a reservoir of strength deep inside that we can draw from in times of deep personal troubles. Most people never have to go there. We do. Do all that you can to ease your pain. You cant focus on anything else until that happens. Pain takes up all,of our brain activity. I want to encourage you to keep a pain journal. It doesnt have to be formal, just write down what you are doing when pain gets severe. What are you doing when pain is less? Your diet can contribute to pain. Sugar and dairy increase inflammation in the body. A journal helps you figure out things you can do to decrease your pain. That doesnt mean you will have no pain, but it may help,you chip away at it. A journal will also help you talk to your doctor. If you arent sleeping, it is almost impossible to manage pain. Your doctor needs to know this. You need to be a strong and firm advocate for your medical care. Dont settle for less. You may see yourself as broken and unworthy. You are not. Tell yourself you are worthy every day, even days when you dont believe it. Tenderly care for your mind and body as if it is a precious gem. It is. Remember that there are many arms holding you when you cant hold yourself. I talked with my 9 yr old granddaughter tonight and I couldnt help but think that I almost missed that. She never knew the Grammy I planned to be. She just loves me as I am now and Im so thankful for her sweet voice reminding me that I matter.

      • Jane Akre August 9, 2018 at 11:40 pm - Reply

        I’m so sorry, your story is heartbreaking but your advise is solid. Thank you.

  3. anonymous August 10, 2018 at 10:40 am - Reply

    Jane,
    I don’t have a problem posting my answer here because I want to know if others have had this issue. My doctor who replaced the J&J, Ethicon mesh with this “much better mesh” from Boston Scientific won’t remove the mesh even though I am in debilitating pain and the mesh doesn’t work anyway because “it isn’t hurting anything”. I don’t have any more money to find another doctor that will remove it and was hoping that the settlement would give us the solution to this problem so I could find another doctor that would remove this mesh.

    • Jane Akre August 11, 2018 at 5:26 pm - Reply

      the mesh “isn’t hurting anything”….. Are you in pain? Were you in pain before your mesh? Do you have insurance to find another doctor, one who is experienced in mesh complications to give you a full assessment….”Much better mesh?” Is it still made of polypropylene?

  4. Still a Plaintiff? August 11, 2018 at 9:55 pm - Reply

    I’m confused about what the qualifications were for being purged. I had erosion of pieces of the mesh through the vaginal wall, underwent surgery for another sling using my own tissue because the original mesh sling failed and during that surgery, the eroded mesh was also removed and kept as evidence. Would that procedure be called a revision or a removal? When they state “mesh in place” do they mean the whole, intact mesh device or do they mean any part of the mesh that is left after revision? As far as I know, it’s impossible to remove all of the mesh because it fuses to the bone and the surgery to remove it would be complicated and dangerous. I saw my name on the list but I don’t know if I’m a revision, a removal, or a mesh in place. There were two names and I don’t know if I was one of them.

    • Jane Akre August 11, 2018 at 11:07 pm - Reply

      Mesh in place means no surgeries to cut, revise, or remove the mesh even if it was an attempted removal..yes, there likely will be parts remaining behind because a full removal is very difficult if not impossible. Any doctor who tells you he can remove the mesh is being overly confident, to say the least.

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