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Transvaginal Mesh Cases in MDL – Who Is Settling, Who Isn’t

Scales of Justice, WikiCommons

Mesh Medical Device News Desk, August 10, 2017 ~ Look at multidistrict litigation for transvaginal mesh cases in the U.S. and specifically the numeric listing of cases found in the Southern District of West Virginia. Which product liability cases remain opened and which are listed as closed?

The numbers reveal which company is the last holdout to transvaginal mesh settlements.  

MDL.

Also known as multidistrict litigation.  Early in 2012, a three-judge panel, the Judicial Panel on Multidistrict Litigation (JPML) , decided that Charleston, WV, the Southern District of WV, should be the home to amass the growing number of transvaginal mesh cases in federal court there.  There were only a couple thousand then.

Judge Joseph Goodwin

Judge Joseph Goodwin was chosen to be the head of the MDL whose job it was to move the cases through the court as quickly as possible.  Amassing cases in one court meant there would be no conflicting lower court rulings that would have to be sorted out. Consistency and efficiency.

No one had any idea the transvaginal mesh MDL would grow this large. 

Today, there are nearly 104,000, product liability claims in that court, more then any other mass tort ever amassed in a single court.

Johnson & Johnson leads the way with 38,956 cases filed, followed by Boston Scientific at 25,029; AMS at 21,127;  CR Bard at 15,491; Coloplast at 2,610; Cook at 629; and Neomedic at 137.

There have been 320 new cases added to the MDL since June 21, 2017. Ethicon alone added 209 new cases.

Which ones are settling?

From whistleblower law

Among the larger manufacturers, AMS leads the way with 81.6% of its cases listed as closed.

As we know, “Closed” only means its on the road to settlement, it may not be settled yet.

The plaintiff may eventually reject the settlement dollars, but it is still listed as “Closed” while that discussion ensues.

Percentage of cases settled:

Coloplast – 91.8%

Neomedic – 91%

AMS – 81.6%

CR Bard – 67.4%

Boston Scientific – 60%

Ethicon  – 19.8%

Cook – 19.5%

Protest in Charleston WV fed court, June 2015

ETHICON

All of this is to say that among the larger mesh manufacturers, Ethicon ( Johnson & Johnson), CR Bard, AMS (American Medical Systems/Endo) and Boston Scientific, Ethicon is the last to the settlement table and is still choosing instead to face injured plaintiffs in a trial setting.

At this writing, the Ebaugh v. Ethicon trial is underway in the Philadelphia Court of Common Pleas.

That venue plans a succession of pelvic mesh product liability cases, most of them naming Ethicon. It is also the venue J&J/Ethicon would like to see remove 91 cases filed by women who do not live in Pennsylvania, subsequent to a U.S. Supreme Court decision.

See a MND back story here.

Boston Scientific will face a pelvic mesh trial October 30, 2017 in Los Angeles where the issue of counterfeit polypropylene resin smuggled into the U.S. from China will be heard for the first time. Stay tuned.

14 Comments

  1. Bejah Blue says:

    And now we are faced with counterfeit mesh from China? What next. I find this actually amusing in my increasingly delusional state of mind. So what is the fundamental difference for us as patients between counterfeit and “real” polypropelene mesh? Talk about black humor! You know someone is making big bucks when the Chinese desire to counterfeit the “product”. So now the physicians who lust after exotic cars can increase their profit margin even more by investing in counterfeit mesh. Who is going to stop them…the FDA, the DOJ? I think not unless this harms US based corporations (Not that they have allegiance to any nation in the final analysis). Gosh, I seem to be a bit sarcastic…how out of character for me.

    • Ron says:

      They won’t stop companies as long as a democrat has stock in it. My mother was offered a $100,000 settlement and after lawyer fees, paper work fees and the mdl percentage it may leave $50,000. But wait her insurance company and Medicare can come and take that. It’s ridiculous. Let the insurance companies sue on their own behalf. They have lawyers on retainer. I don’t understand why they haven’t gone after the company’s before this.

      • Jane Akre says:

        as long as a democrat has stock in it….what does that mean Ron? Then again, let’s leave politics out of stock purchases okay?

      • Pained says:

        If everyone refuses the offer & waits…buy not everyone can wait I guess. I am young, in my 20’s with 4 surgeries & one revision. What they offered won’t touch what I have lost. It won’t touch losing my marriage. It won’t touch the amount of pain!

  2. Bejah Blue says:

    So Jane dear, how many of us were victimized/implanted with Ethicon mesh? When we look at that 19+% how does that align with the number of implants? Also I believe it has been said that only 2% of implanted people suffer the complication we suffer. What is the source of that data and more importantly how can that be? If a material is fundamentally toxic how can it be that only 2% suffer an adverse reaction? It does not make sense. I do not believe it. I know it is. I know it should be banned. Why then the conflicting data? And even if it were only a small percentage that is too much, unacceptable. BAN IT NOW! We all know what “New and improved” means yet we continue to fall for it and manufacturers continue to use this phrase. Are we just spineless, senseless consumers? We go to work, we spend way too much, encouraged to buy, our money goes right back to the corporations that produce what we consume, yet their money grows, their profitability increases and we become more in debt, more impoverished. IMHO our economy is far too dependent on consumer spending, weakening our people. We need to stop spending and invest/save and grow our own money to protect us in old age, in sickness. We need to stop depending on a government that does not care about us and has demonstrated that through action. I wish the American people would wake up from the sleep of consumerism and protect themselves. Bejah

    • Jane Akre says:

      No one knows the actual percentage of injuries which likely varies depending on a few things- the skill of the surgeon; the type of mesh; the trocar use; how much mesh is used; whether it is a biologic or component; on and on………So if we really don’t know, why are we still using it as a first line remedy? Even the FDA says that is not likely to provide benefits in a risk benefit ratio, except perhaps for SUI mesh, which the FDA is still out on.

  3. Beth says:

    Does anybody knows next tvt-o trials?

  4. Insulted says:

    Ladies & Gentlemen please have your day in court… Yes settlement letters are on the table but they are worthless and insulting. After all legal fees, etc. there is nothing left. It is a joke. These ladies will suffer for years and will suffer the rest of their life. Reconsider before you sign PLEASE!

  5. Diva64 says:

    Settlements from Negotiations between attorneys looking at nothing further than the # of surgeries , not our complications . So what are the legal expenses ? Their meeting , Isn’t that what they are getting 33% for I thought was the going price without a court hearing and 40% with.
    Deductions for insurance , insurance companies need to go to the ones they paid, not the one injured. If settlements are to picked apart like that perhaps the defendants should be the Mesh Manufactures, Implanting Doctors, and ALL the doctors that failed to Diagnose .
    Perhaps the # of years a mesh patient has suffered, without diagnoses without medical help except here is a pain pill take that . Kinda the band aide approach.
    No matter how awful our financial situation may , we know that the defective medical mesh put into our bodies causing toxic response autoimmune disease , that we are due decent settlements to pay for the damage to our health for ongoing health problems related pain and suffering, loss of intimacy . A few thousand dollars then dished out in pieces leaving us with nothing is an unacceptable solution to a problem that never should have happened , we should not be sick. F.D.A. should have done a better job if you recall a defective medical device, you don’t let others go through based on similarity of 510K.
    We may have to file law suits against them all if they don’t find better solutions to the settlement offers

    • Pained says:

      If it went through special master, you can request a review. You can also refuse the offer.

      • Jane Akre says:

        Yes, my understanding is you can request a re-review of your case, though it may be an exercise in futility…. Your lawyer should be advocating for you against an obstinate opponent though, there may be very little he/she can do. I hope your lawyer sticks with you and is on your side….

  6. Pained says:

    What is the correlation with BARD, Boston Scientific & Coloplast? Was it a pharma “conspiracy” & that be why I have cases with all 3? I am confused & paralegal is not very friendly. While I did get an offer from Bard, I am asking for a review. It is rediculous what they think our pain is worth/loss of work/loss of consortium, etc. The only allowances I saw were actual SURGERIES.
    What are some good requests from the lawyer on their part? I know a log of expenditures on my account, but say they were traveling for all cases in a 6 million case. They get 3 million of that! 5% to allocation. PLUS out of pocket! That is REDICULOUS. I know they work hard, but dang!

  7. Pained says:

    If I plan to reject the offer, do I still have to keep quiet about the amount? I do want these ladies to know what I was offered, & there IS more to go on than just surgeries!

    • Jane Akre says:

      I’m not a lawyer, but if you didn’t agree to a nondisclosure agreement, there would be nothing stopping you. I’m sure your lawyer would have a different opinion…..

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