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Transvaginal Mesh Trials so Far: Winners and Losers

judge-mallet-200Mesh Medical Device News Desk, November 3, 2016 ~ What is the outcome so far from the 32 trials that have put the issues of transvaginal mesh injuries before juries or about to be before a jury?   

Since July 2012, there have been 33 cases that have gone to trial or settled just before trial.

So far Defendant mesh manufacturers have won six trials although one, Albright, will receive a new trial date because pertinent information was left out of the trial. In the remainder of the cases (19), juries have awarded compensatory and punitive damages to the Plaintiff. Additionally eight cases have settled prior to trial or  before the case went to the jury, with the undisclosed amount of settlement dollars offered to the Plaintiff by the Defendant.

This is information that financial consultants and accountants take into account when weighing the strategy of continuing to fight mesh-injured women at trial.

It’s fair to say that the majority of juries listen to the evidence from both sides and overwhelmingly decided not only that the woman deserved compensation for her medical bills and her pain and suffering, but that the manufacturer should be punished for its actions in the form of punitive damages.

Here are the Transvaginal Mesh Cases so far: 

  1. 7/12: $5.5 million – Christine Scott – C.R. Bard Avaulta Plus –  Bakersfield, CA
  2. 2/13: $11.11 million – Linda Gross – Ethicon/JJ (Prolift)  – Atlantic City, NJ
  3. 8/13: $2 million – Donna Cisson – C.R. Bard (Avaulta) – MDL WV
  4. 8/13: Settled –  Queen v. C.R. Bard – (Avaulta Solo) – MDL, WV
  5. 2/14: $0 – Carolyn Lewis – Ethicon/JJ (TVT-O) – MDL WV
  6. 4/14: $1.2 million – Linda Batiste – Ethicon/JJ (TVT-O)  – Dallas, TX
  7. 5/14: Settled C. Schubert v Ethicon, (Prolift)   MO
  8. 5/14: Settled – S Wilkins Gynecare (TVT Secur)   -MO
  9. 7/14: $0 – Diane Albright – Boston Scientific (Pinnacle )– Middlesex Co. MA, will win new trial
  10. 8/14: $0 – Maria Cardenas – Boston Scientific (Obtryx) – Middlesex Co., MA
  11. 9/14: $3.27 million – Jo Huskey – Ethicon/JJ TVT-O – MDL WV
  12. 9/14: $73.465 million – Martha Salazar – Boston Scientific (Obtryx)  – Dallas, TX
  13. 11/14: $6.7+ million – Amal Eghnayem – Boston Scientific (Pinnacle) – MDL, Miami  FL
  14. 11/14: $6.7+ million – Margarita Dotres – Boston Scientific (Pinnacle) – MDL, Miami  FL
  15. 11/14: $6.7+ million – Mania Nunez – Boston Scientific (Pinnacle)– MDL , Miami FL
  16. 11/14: $6.5+ million – Juana Betancourt – Boston Scientific (Pinnacle) – MDL Miami FL
  17. 11/14: $5.25 million – Jeanie Blankenship – Boston Scientific(Obtryx) –  MDL WV
  18. 11/14: $4.75 million – Chris Wilson – Boston Scientific (Obtryx) – MDL WV
  19. 11/14: $4.25 million – Carol Campbell – Boston Scientific (Obtryx)– MDL WV
  20. 11/14: $4.25 million – Jacquelyn Tyree – Boston Scientific (Obtryx) – MDL WV
  21. 1/15: Settled – Joan Budke, Ethicon (Prolift) wrongful death – Lake of the Ozarks, MO
  22. 2/15: Settled – Wise v. Bard in the MDL
  23. 3/15: Settled  – Bellew v. Ethicon (Prolift) – MDL
  24. 5/15: Settled – Sanchez v. Boston Scientific (Pinnacle) – CA
  25. 3/15: $5.7 million – Coleen Perry – Ethicon/JJ (Abbrevo sling) – Bakersfield, CA
  26. 5/15: $100 million – Deborah Barba v. Boston Scientific  (Pinnacle Pelvic Floor Repair & Advantage Fit) – Delaware
  27. 9/15:  Settled, Wicker v. Ethicon, (Prolift Anterior)  – MDL New Jersey
  28. 10/15: $0 – Carol Cavness v. Ethicon/JJ (Prosima) –  Dallas, TX
  29. 10/15: $0 – Martha Carlson v. Boston Scientific (Uphold) – Statesville, NC
  30. 12/15: $12.5 million – Hammons v. Ethicon/JJ (Prolift) –  Philadelphia Court of Common Pleas
  31. 2/16: $0 – Sherrer v. Boston Scientific (Solyx)  and C.R.Bard (Align) –  Kansas City, MO
  32. 2/16: $13.5 – Carlino v. Ethicon/JJ (TVT)  – Philadelphia Court of Common Pleas
  33. 2/16: $4.4 million – Taylor V Mentor OB Tape (TVT-O Sling) – GA
  34. 9/16: Settled – Figueroa v Boston Scientific (Solyx SIS System) –  Dallas
  35. 4/17: $20 million- Engleman v Gynecare, (TVT-S) – Philadelphia Court of Common Pleas
  36. 5/17: $2.16 million – Beltz v. Ethicon, (Prolift) – Philadelphia Court of Common Pleas

 21- Trials decided for Plaintiff

   6- Trials decided for Defendant 

    9- Cases Settled 

45 Comments

  1. D says:

    Appears to be a crapt shoot

    • Anon says:

      Please……………don’t become discouraged and give up, that is exactly what the manufacturers wants us to do. Instead become proactive, demand more of our justice system. This article really gives us hope to continue fighting for what we deserve.

  2. W says:

    How many have actually gotten money, very few, very slow process, appeals sit forever.

    • Anon says:

      They will eventually get the money

    • Kathy Mc says:

      I have been suffering since 2011 i am in pensacola fla i have t.mesh an bladder sling 4 surgeries 2 revision my manufacturer is boston scientific my lawyers say b.scientific has settled. I guess im not getting anything cause my lawfirm dosent care awko

  3. Pat says:

    Jane,new orders for NJ court for Ethicon regarding trials posted yesterday

    • B says:

      How did you find this info??? I know my case number was told in Sept that they are getting the offer ready… haven’t heard nothing

      • Jane Akre says:

        The links are within the story. OR go to So district of WV and click on your mesh manufacturer. Then go to numerical cases and put your name in the Search Bar in the upper right using Plaintiff as the search term.

  4. Sea says:

    Thanks Jane for the update ….

  5. Cheryl says:

    I want to truly die, I’ve had sle lupus x 8 years, it took my life and my sons I’m tired sick and mesh still in me where ? Who the hell knows it’s free floating by brand new hip god bless us all, the ones that have won should demand money for all, imagine 5% from every prouct sold ..I lost at all this is not hope

    • Jane Akre says:

      If you let us know where you are, sounds like you could use some understanding from others who are mesh injured. I’m sorry.

  6. Teresa says:

    I’ve been fighting with mesh for yrs.lost marriage of 18yrs.can’t do anything cause of pain yes this life sucks cause but im not giving up

  7. Diva 64 says:

    Jane it seems unreal to see a figure of
    zero dollars next to any mesh patients name that had a court case. I really don’t understand this. Yes I can imagine a mesh victim ending up with a lot of doctors who have done nothing for them, but still the mesh patient had problems and sought help. Was mutilated, has no doubt suffered a great deal of pain, and been very ill, How does one end up awarded nothing ? I hope those ladies can appeal.

    • Jane Akre says:

      Yes they can appeal and do. In one case, a new trial was ordered after it was concluded that essential information was left out of the case that jurors deserved to hear. Much of the defense wins might be due on what jurors were NOT allowed to hear. In one case (Lewis) J&J asked for and received a directed verdict by the judge in their favor. Judge Goodwin didn’t feel her lawyers had met the burden of proof.

      • Anon says:

        Does anyone know who represented Ms. Lewis?

        • Anon says:

          Never mind, I found the answer

        • Miss says:

          I would to know who has hired Flint Law Firm as their representatives and have they heard anything yet, last October 2016 they tried to offer me 20.000 but I turned it down and they were reviewing my case.

          • MB says:

            I was offered the same thing. I turned it down. The Surgical Assistance company is charging me 50.000 and plus attorney fees, and then the second offer he said he was working on was for 100.000 dollars, but I spoke to a caseworker a month ago and I have not heard anything since. Jacob Flint called me once back in October 2016.

  8. Anon says:

    Jurors of our peers get it!

  9. me says:

    Just got a call from some law firm trying to settle my AMS case that had been dropped by lawyer for not accepting a ridiculously low offer. They tried to convenience me that nothing was better than nothing. They think we don’t know the truth about the lawyers and insurance companies receiving the majority of the settlement. I was offered $200500. After I did the math( lawyer 40% +fees and court cost, insurance companies cost of surgeries) there was nothing left to pay my past medical or future medical bills. There is always going to be a continuing expense to take care of the condition I was left in due to mesh. I lost my job. My husband passed away due to the stress of my health. But they want me to settle so they can get paid with no regard for the suffering mesh has left in its wake. Thank you Jane for putting the truth out there.

  10. Anon says:

    When are we going to see payment from BSc, after signing settlement papers. It says that claims are submitted quarterly, and BSc will make payments quarterly Nov 1, Dec 1, March 1, June 1, liens cleared.. So please explain hold up. Attorney no help..there are several of us wanting to know when. Though we settled to just end this, and get out why are we still having to wait.

    • Still Standing says:

      When did you sign your settlement papers? Several things have to be done after your attorney receives your signed documents. First, your attorney has to deliver an agreed on percentage of clients who agree to settlement. Then, defendant will release money to your attorney via the qualified settlement fund set up by the court? Then, there are accounting procedures your attorney will need to do, then your attorney will cut you the first check. It could take several months or more for all of this to get done. They can not tell you when the check will be in the mail. It is just another wait process. It could be a year before you receive the last check, which is 25% of gross less lien payments. Your case costs will come out of the first payment you receive. I hope this helps. It can be frustrating.

  11. Rebecca says:

    I have been contacted by a firm telling me that the deadline for filing AMS settlements O’s Bobber 31st? Regardless of who my attorney is? What is going on?

    • Still Standing says:

      Rebecca, you are being solicited improperly. You should get their firm name and number and report them to the attorney general in your state.

  12. Robin says:

    How can some win $73m and $100m and some $0. Seems like us that have been waiting for years will get 0? Will there be any money left after the others have went before us? I wish each state would take our trials in our own states. Hell we could die waiting on our trial to come up???

  13. Sheree says:

    I signed papers back on May 18 for Coloplast. What is the holdup?

  14. mary says:

    Jane, I signed the settlement in
    August. 2016 for B.S There one thing I’m
    concerned about and the lawyers office said they needed my address and I have been with this Lawyer for 3.5 years. should I call them every three months or every 6n months. I need surgery. I could die before I get the money thanks Mary

    • Jane Akre says:

      Honestly, just my opinion but if I needed surgery immediately, I’d put niceties behind and become the squeaky wheel….

      • Still Standing says:

        How the hell did they send your settlement documents if they did not have your address? Something doesnt add up there at all. Four months should be adequate time to settle up the records and issue the first check. Of course, call them now and express concern. The only thing I can think of is that they have a different group covering the settlement process, but them not knowing your address blows my mind.

  15. Vickie says:

    What cases are being settled with Boston Scientific?

  16. pamel says:

    I was just sent a whole bunch of papers sent to me to sign but not date. Is that a good sign or not?

  17. Linda says:

    Jane,
    I wanted to ask you if you know a Dr. In Fort Worth, Texas area, I had my surgery on April 19,2010. With Boston Scientific transvaginal Solyx Sling.
    Long story, I have been to numerous Doctors and the last Dr. I went to had to put me to sleep just to examine me.
    Wow, pretty bad huh, well my pain is worse and my incontinence is horrible, now I have started to loose control of my bowels, not all the time but this is scaring me really bad. I need a Dr that will tell me the truth, most of the Dr. I Went to, want to do all the test again& again. I can’t afford this?
    My lawyer is Ryan Thompson of Watts & Guerra out of San Antonio,Tx. I have yet to See their Name ON anything?
    The last Dr. I saw and was put to sleep said he would take mesh out while I was asleep, when he came out he told me, well you don’t have Bladder cancer? He also said that there is No Way he can take the mesh out. It was already in my tissues and muscles and that I would be much worse if they tried to take this out of my body!
    Now he said this verbally To Me but he would not put this in his notes, only that I did not have cancer. I talk to the head nurse and she talk to him 3 times and he would not put this on paper, she said she was Sorry.
    I have much more, about my case but I cannot for the life of me understand what they are going to do about medical issues us ladies are having. This is inhuman, and So very Cruel !
    Any help who to see in my area would be so appreciated.
    Try living with this, having a Son that has terminal cancer, and I lost my daughter 6 years ago to cancer. Ask me what’s fair? Then I have to deal with people that don’t care about your Health, and keep fighting us for something that Boston Scientific is guilty of!
    Let one of their family members go through this, would be a different story
    I’m sure!
    Sincerely,
    Linda,
    Finally: It’s said that God Doesn’t put anymore on us than we can handle!

    • Jane Akre says:

      Hi Linda- I removed your lastname so you dont get into any trouble. You might try dr philippe Zimmern in Dallas, I don’t know of any docs in San Antonio….
      Dr. Phillippe Zimmern in Dallas. U Texas Southwestern Medical Center, Professor Urology, 214-645-8765, 214-648-4765

      REally you want to go to the best you can, not the easiest because you want to reduce the number of pelvic surgeries you have. Each doctor can potentially do damage.

      finding docs who I dont have reports on but someone used in San Antonio are;:
      Amit Patel, San Antonio
      Alejandro Treszezamsky, San Antonio

  18. Nikki says:

    I received a letter stating Boston scientific was going to settle my mom’s case. She had surgery in 1999 and in 2007 it was removed due to pelvic pain, erosion and it penetrating through her vaginal wall. She had surgery in 2008 and died 6 hours after the implant. What happens if we don’t accept the offer? Not sure what to think of any offer because she isn’t alive to tell her story I can only tell them what she had told me before she passed away.

  19. Kristen D says:

    I had a TVM CASE IN BOSTON MASS, how do I know for sure what my settlement amount was and if there is still pending funds.
    I had a very unique case, one of the first TVM implants with 41/2 years of hospitalization, 7 reconstructs, 3 blood transfusions, suprapubic catheter for 8 months, my sling eroded 2 weeks after surgery, went sepsis! Multiple hemotomas, MASS growth on my bladder. My case file over 4500 pages?
    Have always been concerned about my settlement because the entire time I waited for settlement I was only allowed to speak to my actual Lawyer 3 to 4 times??? My case was extreme! Is this normal to have basically no communication with my Lawyer? I would think not! I never was even interviewed by the firm! ? They told me that 3 of my cases had been thrown out? They never even informed me until the day of settlement? How could a case so severe not require a face to face meeting with my Attorney? I never had one. Kept requesting that they see me and they never would? I need answers and my actual settlement amount?
    Thank you ! Kristen D Salas, Aurora , CO

    • Jane Akre says:

      Kristin- I’m assuming you are trying to communicate with your law firm. Can you send a certified letter asking those questions by a certain date? Make sure they know what your questions are. Make sure they have ALL of your medical records. This operating in a vacuum makes no sense to me. I will write you privately.

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