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Transvaginal Mesh Trials on the Horizon

Philadelphia Court of Common Pleas

Philadelphia Court of Common Pleas

Mesh Medical Device News Desk, October 25, 2016 ~  It has been quite some time since transvaginal mesh product liability trials were conducted.  They are scheduled to begin in December and throughout 2017.

Judge Joseph Goodwin had given both sides in the transvaginal mesh litigation the word – Begin Settlement Talks.

To a very small degree they have begun with Johnson & Johnson (Ethicon) and Boston Scientific representing the last companies to come to the settlement table.
Each is facing thousands of product liability lawsuits filed throughout the country but centered in multidistrict litigation in Charleston WV, where Judge Goodwin presides over 97,000 lawsuits.

See So District of WV here.

For anyone interested in sitting in a transvaginal mesh trial, here is a list of those upcoming actions. Mesh News Desk always welcome court watchers who can help expand our coverage of the issues as they are revealed in court.

Judge Ken Molberg, 95th Judicial District, Dallas

Judge Ken Molberg, 95th Judicial District, Dallas

 

DALLAS

The 95th Judicial District Court, is overseen by Judge Ken Molberg,

Figueroa v Boston Scientific, DC-13-03145 is set for December 5, 2016, and is scheduled to be a two-week trial. ** Update– Figueroa has settled as part of a Qualified Settlement Agreement.  That must be approved by the court before funds are distributed.  The QSA is a way settlement funds, that sit in escrow, are protected as both sides work out their differences. Any interest accrued will eventually go to the client.  The approval of this fund signals that Boston Scientific has come to the settlement table to some extent.

Judge Molberg presided over the case of Linda Batiste ($1.2 million) and the Martha Salazar trial ($73.5 million).

 

Philadelphia Court of Common Pleas

Philadelphia Court of Common Pleas

PHILADELPHIA

In the Philadelphia Court of Common Pleas there are 163 product liability cases naming mesh manufacturers pending.   These are defective product cases which alleges the mesh was defectively manufactured and its instructions to end user doctors were insufficient.  Punitive damages are allowed.

The last two trials resulted in $12.5 million (Hammons) and $13.5 million (Carlino).

Here is the Philadelphia Court of Common Pleas website.shanin specter kline specter

These cases are being represented by Kline & Specter, a Philadelphia law firm representing the mesh injured women.

TRIAL DATE CERTAIN December 5, 2016  Beltz vs Ethicon Women’s Health and Urology
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130603835&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN    February 27, 2017  Sullivan vs Boston Scientific et al
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130700971&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN   March 13, 2017  Collins vs C.R. Bard et al
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130701187&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN    March 27, 2017  Veliz vs Johnson & Johnson
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=140200303&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN    April 10, 2017   Engleman vs Gynecare et al
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=140305384&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN  May 22, 2017   Adkins vs Johnson & Johnson Et Al
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130700919&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN  June 5, 2017,  Hubbard vs Ethicon Women’s Health and Urology
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130700431&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN  June 19, 2017   Blockus vs Ethicon Women’s Health and Urology
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130700707&genrc_par1=15&genrc_par2=&call_type=H

TRIAL DATE CERTAIN   July 3, 2016,   Ebaugh vs Ethicon Women’s Health and Urology
https://fjdefile.phila.gov/dockets/zk_fjd_public_qry_05.zp_dktrpt_frames?case_id=130700866&genrc_par1=15&genrc_par2=&call_type=H

 

66 Comments

  1. k says:

    Blah Blah Blah every single one will be postponed for months if not years. This isn’t toward your write up Jane this is how I feel about trials being postponed one after another year after year.

  2. k says:

    All state trials above. The MDL is a joke! The whole idea of the MDL is determine the worth of the cases. How can that happen if there are no trials.

    • jane akre says:

      You cant force the mesh makers to settle…. they are holding out hoping the lawyers will lose interest and drop out. Sadly, some are.

      • Marcie says:

        I do! Maybe Dallas. I’m having my PN released soon hopefully I’ll be up to it. It’s kind of hard to recruit a bunch of “sickos”. Too many issues. My attorney just told me there are new cases going forward for 5 to probably more like 15 years. Hmmmm

      • K says:

        I think he can make them settle by bringing the cases forward in large amounts but not postponing them.

        • Anon says:

          So true K on all accounts, this court (WV) can do more to encourage J&J come to the settlement table. J&J is in the drivers seat right now. Their settlement offers are low. All we get from this court is tough talk with little action to follow. Power understands Power. Only our Powerful political leaders can get results. I am absolutely sure of that.

          • Jane Akre says:

            Powerful political leaders can help get J&J to the settlement table? Really? How would that happen?

          • Anon says:

            There is politics in every aspect of our lives, this situation is no different. This court doesn’t hear us. Our politicians are in a position plus they also have the power to speak for us in the arenas that we do not have access to.

          • Still Standing says:

            Anon. Just the thought of having powerful politicians jump into the judiciary al system is frightening. We have a democracy set up with three branches..legislatve, executive and judicial. The judicial branch is supposed to be non-partisan . Unfortunately, presidential appointments have hung a litmus test on judicial appointees, which is not in the best interest of our democracy. These branches were created to provide checks and balances among the branches. If that barrier comes down, the very fabric of our government collapses. I am aware that these branches are not close to being perfect, but asking politicans to get into individual lawsuits just wont happen and shouldnt happen. It is an imperfect system, but everything man does is imperfect. It is important for us to be vocal advocates and vote for those who we believe will protect these branches and not use the system for their own agenda. I dont believe that Judge Goodwin is a political pawn. He was given a monumental and almost impossible task. Nor do I think he is trying to hurt women. I think he is following the letter of the law and to us, it seems terribly slow and disconnected from our lives. But just think, there are almost 100,000 INDIVIDUAL cases filed in his court alone. I would hate to be sitting in his shoes. He is an easy target for our anger, but I just think It is not respectful to judge him in a negative way on a public forum without any specific facts to back up those charges.

          • Jane Akre says:

            He has a very difficult job… can you imagine? Today there were 97,293 cases filed…..Never before has happened in one court.

          • Anon says:

            I am in no way suggesting that Judge Goodwin is a political pawn. I totally understand that this tort is out of the ordinary, and a bit overwhelming for him, I… couldn’t imagine having this amount of responsibility in my wildest dreams. But on the other hand………How long should we wait for J&J to develop a sense of justice and fairness?

  3. Beatrice says:

    When is New Jersey going to start for J & J Ethicon ??? Never hear any news starting to think we will never get justice .

  4. Cheryll says:

    Any proceedings against mentor corporation,TVM =sle lupus x7 years still have mesh now acquired Hemophelia factor vlll

  5. Tammy (KY) says:

    Jane, what is the PTO #239, J&J in WV? It won’t open. Reguarding Wave 3, Would love WV to have cases start

  6. Anon says:

    This is the kind of firm that you beg to take your case. Shanin Specter is one of the attorneys that I strongly feel is in this war with us. Research his record. I have read only good things about his firm and his desire, capability and drive to obtain a legal balance for his clients.

  7. Wade says:

    How do they settle a case against 2 different mesh companies? I have one with Ethicon and American Medical Systems, Inc.

    • Jane Akre says:

      Make sure you have a case with each manufacturer. Your law firm should be able to tell you that.

      • Wade says:

        My law firm has it listed with both companies. But I’m confused about is how it’s settled. Does the information go to both companies? Is there 2 different settlements? How does that work?

  8. Anon says:

    Really Jane!!! “Transvaginal Mesh Trials are on the Horizon”…., for whom? MDL Charleston, WV trials has completely disappeared. The movement of MDL cases in this court has come to a halt. Our cases are not being remanded back to their Originating Districts. Our cases are being held hostage by this court, with no end in sight. Ethicon and Johnson & Johnson are the beneficiaries. The majority of MDL 2327 are being treated as a lost cause.

  9. jane akre says:

    For the 163 women who have cases pending in Philadelphia, that’s for whom!

  10. Tommy says:

    This is all a buch of corrupt b******* somebody needs to investigate now

  11. George says:

    The tone of comments is expected but
    please respect Jane and tireless efforts.
    100K+ lawsuits pending so of course the step are settlements based on injury or death. This was the same sequence of events for the Bard® Kugel™ Patch and it’s broken ring. A table of payments based on injury (number of surgeries, complications, etc). Trouble is the payments help with bills, but good health is not part of the settlement. To add insult to injury – they still are making this hernia mesh patch and profits are reaching new levels for Bard. G

    • Kitty says:

      SHRINKING VIOLETS!!! Are u afraid to call your attorney and ask questions?

      • D says:

        My attorney won’t return my calls, or emails. I’ve been contacted by the groups she must’ve sold me off to, although she swore to me she would never do that, now I’m being handled in the mdl review to settle. I dint hold much hope for a positive outcome,

        • Jane Akre says:

          I don’t know if this pertains to you but I got a call today from a woman who has had good luck talking to the Mesh Settlement Alliance. 800-683-4872. She said they were very helpful.

  12. anon says:

    Jane,

    Some of the law firms are clearing house brokers. It is hard to get anything out of them. this is true.

    However, if a plaintiff has not signed a contract, has not give dipo’s, and has not been asked to give and submit a ton of personal and medical information over and over, signed a lot of papers, then they are not really being represented and the big check or trial date is not coming.

    They should contact a new law firm and asked for legal advice. If that firm accepts them they will teach them how to fire and hire them to represent. That is the facts.

    Some of these comments are way out there and I say they are fake under several different stories posted lately.

    _________________________________
    Jane has posted the best law firms who are working endlessly on behalf of victims numerous times over the years. Pick up the phone and call one of the trial lawyers or call Blasingame Garrad, or the firm at the top of this forum.

    Why ask Jane the status of YOUR case? I don’t get it…I really don’t.

    • Jane Akre says:

      Sorry but I don’t post about the best law firms., that is an individual decision. At this point few lawyers are taking new cases so you really need to ask around and interview at least three firms after you know the type of mesh you have from medical records.

    • Still Standing says:

      Anon, good point about mesh women not being on point about their cases. However, many have never been part of the legal system and it is quite intimidating and this MDL system is its own shop of horrors. However, I disagree with your statement that women who haven’t been deposed or filled out long and complicated plaintiff fact sheets are not being represented well. I didnt realize until a few months ago that some attorneys have not filed their clients’ claims yet. i have no idea why not, but I assume no action saves the client money. If any reader knows about this and why, let us know. Dont be worried, however, if you have not been deposed. We have all heard of the Wave cases, where the judge orders a certain number of cases be made trial ready. These are not the least complicated or even the oldest cases. For each wave, the plaintiff picks half and the defendent picks half. Then these cases must be readied for trial. That is when you would be deposed. Depositions are very expensive. The court reporter charges a hefty amount for the day, then about $4/page for copies. My deposition was 385 pages long, so each copy of that wa $1500. Then there is the videographer, everyone’s travel, lodging, dining expenses. You will also have deposition prep with your attorney, so more time there. And, if you get farther out and your doctor is deposed, that is an atrocious amount. Most physicians are charing $1500/HOUR for depositions. This would also include the time they bill your case for review of your records…could be hours for $1500 per hour. Yes, it ads up quickly. So, please, stay up to date about your case. Call and insist on communication from your attorney. Find out if they have farmed your case out to some other law firm. Remember, they will not be able to give you verbal notice about any settlement. That will come in a letter that describes your settlement information and your tier amount. It should also line out your case costs and tell you how much money you will receive in your initial check. At that time, you should call and ask any questions you have and they should answer until you feel that you understand the terms. Once you sign the settlement, you have a binding agreement. Hope this information is helpful for those waiting and waiting………

      Anon, I just have to know how you can spot a fake post. I never even consider that possibility when I read here. Who would put up a fake post and why? I guess I cant imagine why anyone would even pretend to be mesh injured. I would like to pretend for an entire day that I’m not hurting. Just one day.

      • D says:

        Thank you for your information here. I’ve received two letters from grouo my attorney sold me to. One , were in negotiations, second a few days later, great news we settled. I’m now waiting for that news pertaining to me

        • Still Standing says:

          Not encouraged by that information. I’m not sure a reputable firm would send you a “we have settled letter” without having your case specifics in it. They generally send the letter and tell you how long you have to review/accept/reject the settlement. This all goes out to all of their clients who fall into under the settlement guidelines on the same day. Keep us posted about what happens next.

      • anon says:

        Not a hypothesis. If a client has not signed a legal binding contract between all parties nor has been interviewed after the initial contact in person or by phone, and has not gave a deposition, or filled out papers, signed a CA or NDA, nor signed medical and legal documents which are renewed every year, or if they feel as invasion of all privacy has not been breached, then that client is NOT properly represented, YET.

        The companies are not just going to issue a settlement or file a court date for trial with just a name and basic information. If a law firm won’t speak to a potential client, then why would a client wait and wait longer when they could call another firm or attorney for help/advice asap?

        __________________
        Fake posts. I don’t get it, but goes with the territory on all forums I suppose. You either have a six sense about people or you don’t.

        This site is full of them. Catfish.

        Cat & mouse game to see what each other knows or is saying or how they are handling or addressing certain situations or scenarios? To see what you and others are saying? How much you or someone else knows?

        The list goes on and on.

        In a 12 step program, everyone acts and talks like the person before them or the one sitting beside them. They share a common denominator.

        It is had to fake mesh injuries or trauma or real legal representation.

        ____________

        Jane, this is so good. Please view when ever you have time if you have access to the network online.

        Law & Order 1999 Season 9 March 03, 1999
        “Harm”
        Angie Harmon

        __________________________________

        Commercials for the men are now running all night in my area for the mesh hernia patients who were also injured.

        Thank you to those firms for willing to take the chance.

        Thank you Jane. For everything.

        • Still Standing says:

          I am going to respond to this not to be adverserial, but to prevent hundreds of women from going into panic mode because their case is not officially filed or they have not given a deposition. Below is a link that everyone in litigation should read. It talks about why attorneys dont officially file the case until after all pretrial discovery has taken place. An agreement for representation does not mean that a case has been filed. You will always sign a binding contract for the firm to represent you and you should understand those terms. Your attorney, then, will determine when is the right time to officially file your case. As you can see in the link below, it is not always the best call to file before all pretrial discovery is collected. I imagine this is even more so in a huge mass tort. You will also notice that a plaintiff deposition is one of the last things that takes place before trial. Most plaintiffs in this MDL will not be deposed. Only those cases required by the judge to be trial ready will proceed to plaintiff depositions. Remember here, that these orders to make cases trial ready are not to actually schedule trials, but to force the parties into settlement negotiations. Read the article linked below and if you have legal questions, please ask your attorney for clarification. If you have signed an agreement for legal representation, regardless of whether that firm has filed an official case, another firm will not give you advise until that contract is severed.

          https://www.robbrobb.com/NewsPressDetail.aspx?Id=12#

  13. anon says:

    Footnote: A real mesh victim can spot a fake post a mile away.

  14. Ron james says:

    Jane, What about trials in Charleston Wv? My mother hasn’t heard from her attorney since she signed with them. I think she needs to fire them then retain a new one locally. What do you think?

    • Jane Akre says:

      Thats a huge question and im not a lawyer….I do think that not hearing from your attorney is absolutely not acceptable! Instead of stating from point zero, I would try and find a contact person in the office. You can write me privately about which law firm if you prefer. janeakre@meshnewsdesk.com

    • Kitty says:

      Duh….why doesn’t she fire them?

    • Still Standing says:

      Ron, this is just my take on hiring a local attorney. There is a huge learning curve in this litigation because of all the medical terms, surgeries, complications that are part of it. A local attorney, if they have not been involved in this process may not be able to get up to speed. You definitely need an attorney who has product liability experience and experience navigating through an MDL. That may be hard to find locally. You might look through the different MDLs listed on the West Virginia Court site and identify firms that seem to have been able to being their clients to settlement. You will see the same firms representing women with different products and contact one of them. The downside of that is that these firms may have closed out their mesh cases and moved on to something else. Having a new attorney who has not worked with mesh litigation may not be the best move for your mom. I dont know if a new attorney would have access to all of the MDL pre trial shared discovery or not. It would be financially impossible to file a suit now without all of that? But, that is way past my legal knowledge. However, you should definitely contact the attorney and ask for an update on the case. They do owe you that courtesy. They work for your mom.

  15. Wanda says:

    I had to leave my position in the company I started 21 years ago because of the Mesh lawsuit. Now I can’t get the attorneys to call me back or send me an update. Therefore my job which was paying me and my insurance is not there anymore. Can anyone help me?

  16. Linda W says:

    Jane, I would like to Email you privately, I sent you had sent me a note to call you but I has an emergency and have not gotten back to you, if there is someway I can contact you, I would so appreciate this.
    Thanks Linda W.

  17. Emily says:

    Jane…can I get your take on Ethicon’s Pretrial Order #240? Why would they ask for a condensed list?Your thoughts?

    • Jane Akre says:

      Here is the order #240.
      http://www.wvsd.uscourts.gov/MDL/ethicon/pdfs/PTO_240.pdf

      Notice that you are supposed to send all and updated medical information to Butler Snow, the primary law firm hired by J&J to defend the company in trial. Why do they want updated medical information you ask? That’s a good question. My speculation is as good as yours. I’ve always thought it would be good pr for J&J to make some settlement to mesh injured women. Remembering you can’t pay for health, it would be good PR for the company, before there are demonstrations in the street or campaigns against J&J products that can take off considering social media. But I honestly don’t know, other than speculation.

      • Emily says:

        I agree. When I read this I felt encouraged by the fact that they basically want our names, what Ethicon product(s) was/were used with our surgeries, and what type of complication/injuries occurred. I see hope. I see possible progress with JNJ. And I would just like thank you for efforts to keep us all informed. “…on the horizon” …a descriptive way to look at the journey we are all a part of but not necessarily a destination we can all see. Thank you so much for your time and efforts, Jane.

  18. jan says:

    Jane has been there for us from the beginning. .
    She has given us some hope when our attorneys have not ..
    It’s true in what she said
    Manufacturers are hoping with just stop fighting. .
    We need to keep with our voices.
    But we need respect for Jane and ourselves. .
    Settlements could take up to 20yrs .. I have now been with mesh issues 10yrs and I have not seen anything with my case and I have major injuries also… and still going through a lot of medical and will for the rest of my life
    So ladies you are not alone…

  19. Cheryll w says:

    I will never recover from TVM,sle lupus and now aquired Hemophelia factor vlll

  20. Tommy says:

    This is all corrupt and destroyed my life and it was not my fault lies and more lies i just pray soon we get the help we so deserve.

  21. Julie says:

    How do you know if you are in the Pretrial 240

    • Still Standing says:

      Julie, if you have an active case against the manufacturer in the West Virginia MDL ( meaning a case that has not been settled or dismissed) you are covered by this order and must comply with it.

  22. Diva 64 says:

    Jane, as always it has been said money talks, I can’t get the medical care I need, money stands in my way, I am on medicare now, 80/20, the 20 % adds up, there are so many doctors needed, I will probably go for an advantage plan this year if it is affordable. I am losing my car, I have lost my credit rating, I know women have lost their homes, that will be the last thing I let go, as I know I have to keep a roof over my head, my Mesh has never been removed, my dynamic MRI did not show it due to spasm, but a CT the year before did,all the delays in courts and settlements cuts my life shorter and shorter since the quality of medical care I get depends upon the almighty dollar, no husband and no other support other than my own. I am scheduled to go to LAin Feb, I don’t know how I am paying for the trip, I keep getting false hope from the attorneys office, as far as receiving $$ from negotiations they are in, and a packet of papers to review, I never receive any.My surgery putting the mesh in was in 2002, so I have had the pain for many years, the UTI, the bladder and kidney problems, reached the point of autoimmune disease, not even sure any doctor will operate on me at this point. I have copies of MRI, and CT’s from ER visits and now realize that many Dr.s ordered test excluding pelvis, I feel like reaching out to yet another attorney and going after these doctors that ordered test without pelvis when I was there for Mesh related pain. I want so badly to educate these doctors and hospital administrators so that other women or men with mesh problems do not have to be ignored. What can we do?

  23. sylvia says:

    enough talk’ its just going around in circles. My sisters we are in pain and out of money. how did we let them do this to us. no end in sight. there has to be some one who can help us, any ideals can help. fight sisters fight.

  24. Sherri L says:

    how do we get our President Trumps attention on this matter!!

  25. Wanda says:

    Is there anyway I can get an update about my case since I can’t get my attorney on the phone? Yes, I signed a contract and no I have not heard anything except last week I was sent a letter wanting a medical update. I signed it and asked in my return letter for him to call me. What gives? If I responded to a client in this manner, I would have been fired by that client.

    • Jane Akre says:

      Wanda. Agreed. In the professional world one does not speak to a client this way. Send them a letter, certified, you will fire them if you do not hear by a certain date. I’m assuming you have a decent case. If not, keep calling like a squeaky wheel. Do they really think they deserve 40% for this kind of behavior?

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