Transvaginal Mesh Trials so Far: Winners and Losers

//Transvaginal Mesh Trials so Far: Winners and Losers

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 eight 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, M
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
37. 6/17: $0 – Atkins v. Ethicon, (TVT-Secur) – Philadelphia court of Common Pleas,  August a new hearing on damages was ordered by the judge.
38. 9/17: $57 million – Ebaugh v. Ethicon, (TVT, TVT-Secur) – Philadelphia Court of Common Pleas ($50 million punitive)
39. 12/17: $15 million – Hrymoc v Ethicon ( TVT-O and Prolift) – New Jersey Superior Court, Bergen Co. (included $10 mil in punitive, $1 million loss consortium)
40. 3/18: $35 million- Kaiser v Ethicon (Prolift) – Hammond Indiana, North District federal court (includes $25 million in punitive damages)
41. 4/12/18: $68 million- McGinnis v. CR Bard ( Avaulta and Align), Bergen Co Superior Court, NJ, (Compensatory $33 mill with next day $35 million in punitive damages added)
42. 6/15/18: $0 – Martinez v Boston Scientific ( Pinnacle and Obtryx), Superior Court MA, Woburn (BSC win)

TALLY:

Defense Wins:   8  (2 are getting another hearing)

Plaintiff Wins: 25

Settled:  9

These are the cases your editor is aware of. While we follow the trials in the U.S. closely, it is impossible to know how many cases have quietly settled or were never set for trial and are instead being settled.  ###

By | 2018-09-05T15:15:59+00:00 November 3rd, 2016|Mesh Reading Room Resource|53 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.

53 Comments

  1. D November 4, 2016 at 5:43 am - Reply

    Appears to be a crapt shoot

    • Anon November 5, 2016 at 2:44 pm - Reply

      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.

      • Jane Akre November 5, 2016 at 3:06 pm - Reply
      • D November 6, 2016 at 9:38 am - Reply

        What if we dont agree/ like our settlements in the mdl? Who’s going to take us as clients then?

        • Jane Akre November 6, 2016 at 3:52 pm - Reply

          That’s a good question for your lawyer. Will they take you to trial?

        • Cristy May 25, 2017 at 5:42 am - Reply

          How do we find out with msl are settling for??

          • Jane Akre May 25, 2017 at 8:48 am

            You cant really.. I get some numbers from time to time…. J&J lawyer is settling from $10,000 to $250,000 for the upper tier. That is one law firm.

      • Patricia A September 27, 2017 at 12:12 pm - Reply

        Please help and tell me what to do, I have suffered for years. I have a law firm in Houston and they told me yesterday that I may not have a case because Now Boston Scientific is saying the mesh was brought to the U S after 2012. Mine was implanted in Dec of 2011. Please HELP me…

        • Jane Akre September 27, 2017 at 3:45 pm - Reply

          Patricia- Are you referring to polypropylene resin from China? That may have been 2012 and after but that would not mean you don’t have a case for defective product if it has caused you complications. Make sure you are talking to a lawyer and not someone who just populates a law office. There are some outrageous statements made by office workers to clients, that may not be true. Please check with the firm again and make sure you speak to the same person if you can….. Let us know…

  2. W November 4, 2016 at 6:36 am - Reply

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

    • Anon November 5, 2016 at 2:26 pm - Reply

      They will eventually get the money

    • Kathy Mc July 10, 2017 at 8:16 am - Reply

      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 November 4, 2016 at 2:48 pm - Reply

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

    • B November 26, 2016 at 12:47 am - Reply

      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 November 28, 2016 at 3:20 am - Reply

        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 November 4, 2016 at 4:50 pm - Reply

    Thanks Jane for the update ….

  5. Cheryl November 6, 2016 at 9:02 am - Reply

    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 November 6, 2016 at 4:00 pm - Reply

      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 November 7, 2016 at 12:16 am - Reply

    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 November 8, 2016 at 5:53 pm - Reply

    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 November 8, 2016 at 9:30 pm - Reply

      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 November 9, 2016 at 5:32 am - Reply

        Does anyone know who represented Ms. Lewis?

        • Anon November 9, 2016 at 5:37 am - Reply

          Never mind, I found the answer

        • Miss June 8, 2017 at 9:08 am - Reply

          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 October 5, 2017 at 10:20 am

            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 November 9, 2016 at 1:59 pm - Reply

    Jurors of our peers get it!

  9. me November 22, 2016 at 1:46 pm - Reply

    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 November 25, 2016 at 7:03 am - Reply

    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 November 25, 2016 at 8:05 pm - Reply

      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 November 30, 2016 at 12:59 pm - Reply

    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 December 6, 2016 at 5:51 pm - Reply

      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 December 6, 2016 at 5:55 pm - Reply

    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 December 7, 2016 at 11:27 am - Reply

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

  14. mary December 10, 2016 at 7:20 pm - Reply

    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 December 11, 2016 at 4:12 pm - Reply

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

      • Still Standing December 11, 2016 at 8:24 pm - Reply

        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 December 19, 2016 at 4:00 pm - Reply

    What cases are being settled with Boston Scientific?

  16. pamel May 31, 2017 at 2:56 pm - Reply

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

    • Jane Akre May 31, 2017 at 5:57 pm - Reply

      What do they say? Be sure to read the fine print…..

  17. Linda June 16, 2017 at 8:33 am - Reply

    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 June 16, 2017 at 10:15 am - Reply

      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 September 17, 2017 at 1:19 am - Reply

    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 November 9, 2017 at 1:20 am - Reply

    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 November 9, 2017 at 11:04 am - Reply

      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.

  20. KG February 13, 2018 at 8:32 pm - Reply

    My case is being handled by Napoli and Shkolnik and Iwas told to have my paperwork in by Nov 2017. I was told by my attorney there was a third party who was doling out the funds and I would get paid in January 2018. I have since read the firm got in trouble in 2015 due to napoli misuse of funds.. I have had the sling put in, then removed. I had a third surgery to remove Obtryx mesh from my walls and am possibly facing a fourth surgery when more scar tissue develops. I was told they have settled my case and my settlement included any and all future surgeries. They also said bs hasn’t funded the settlement yet. Sounds fishy to me and I was wondering if I should contact the New york attorney general.

    • Jane Akre February 13, 2018 at 8:42 pm - Reply

      Hi K- Sounds like you need to talk to an attorney from the firm because you are getting conflicting information. Settlement will be paid in January, then BSC hasn’t funded it yet? Which is true? I’m not a lawyer but I would try and work with the firm since they may still be trying to represent your best interests, though just not communicators. You have more to lose by going to the AG then to gain it would seem…. just my opinion.

      • Kathy February 13, 2018 at 8:46 pm - Reply

        I have spoken to the lawyer and she said check with her every two weeks. Why isn’t bs funding the class action settlement? Does it usually take this long? Wow you responded fast.

        • Jane Akre February 13, 2018 at 11:20 pm - Reply

          Boston Sci has funded some settlements, and they are settling cases but it is extremely slow. Put Boston Scientific in the search bar and you can pull up some of their history with pelvic mesh.

      • Kathy February 13, 2018 at 9:22 pm - Reply

        How would I look up my case in New York courts?

        • Jane Akre February 13, 2018 at 11:19 pm - Reply

          Do you mean New Jersey?

  21. Jessi August 22, 2018 at 6:38 pm - Reply

    So – I had transvaginal mesh surgery for incontinence in Mexico in January 2018. The main purpose of my trip was to get gastric sleeve surgery, and as urinary incontinence was a huge issue for me, I decided that since I was over in Mexico getting surgery anyway, that I might as well consult with a urologist to see if anything could be done about my incontinence problem. The surgeon did not inform me about any of this controversy, or the possible side effects before the procedure, and told me that this surgery was the ONLY thing that could be done to assure a return to proper urinary continence. I have not had pain, but regular urination is extremely difficult. Also, I have had moderate but constant bleeding since the surgery. Does the fact that I had my surgery performed in Mexico make me ineligible to file suit?

    • Jane Akre August 22, 2018 at 11:15 pm - Reply

      That’s a good question for a lawyer at the very least it might complicate things, but do you have your medical records? Do you know which product you have?

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