Wagstaff Cartmell Settling Ethicon Transvaginal Mesh Cases

//Wagstaff Cartmell Settling Ethicon Transvaginal Mesh Cases

Wagstaff Cartmell Settling Ethicon Transvaginal Mesh Cases

Thomas Cartmell, for Plaintiff

Mesh Medical Device News Desk, April 25, 2018~While Johnson & Johnson and its Ethicon division appear to be the last holdouts to any transvaginal mesh settlements, one midwest law firm seems to be settling its cases with the healthcare giant.

According to an April 19th motion, Thomas Cartmell of Wagstaff & Cartmell of Kansas City, MO., filed an unopposed Motion for Qualified Protective order to keep confidential a Master Settlement Agreement with Ethicon signed by the parties April 16, 2018.

There is no information on how many Ethicon cases will be resolved by this agreement.  Cartmell is one of the few law firms remaining that is still involved in litigating transvaginal mesh cases.

The order keeps third party payors information confidential to aid in the “efficient processing and administration of the Settlement Agreement.”

Providio MediSolutions is the lien resolution administrator responsible for identifying and resolving all liens that “have been or may be asserted by Federal Medicare in each state, the US Department of Veterans’ Affairs, the US Department of Defense, Tricare and Indian health services. The information is necessary to resolve all liens in these cases.  Normally HIPPA assures information is private and not to be shared.

Judge Joseph R. Goodwin,

Ethicon continues to have the largest number of product liability cases filed in the multidistrict litigation (MDL) gathered in Charleston, West Virginia before Judge Joseph Goodwin.  The healthcare giant will face a grouping of product liability cases, Wave 7, in upcoming litigation in that court in an effort to resolve the remaining cases.

Judge Goodwin recently announced that transvaginal mesh cases with “mesh-in-place” only, that is that have not had a removal, will be dismissed without prejudice, meaning they can be refiled sometime in the future.

MAM rally in Charleston, WV in 2015

Judge Goodwin has repeatedly announced he wants to move along the transvaginal mesh MLD to clear cases from his courtroom where they have been filed since 2012.

Currently there are more than 104,000 defective product/product liability cases filed in that court against seven mesh makers.  ###


Cartmell Qualified settlement fund, filed April 19, Doc #5642.

By |2018-04-25T11:18:23+00:00April 25th, 2018|Legal News|29 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.


  1. Jan April 25, 2018 at 7:43 pm - Reply

    I am happy he decided to drop cases with no surgeries
    I pray that he will in force to the manufacturers and to the attorneys on both sides there should be no bullying.
    Trying to make someone sign documents and force them to settle for peanuts is wrong in so many ways.
    But also some of these trials were woman are given 75million even 35million is wrong yes we have been injured by this product yes these manufacturers need to own up. But we all need to be honest, fair, and try very hard not to be a selfish person ..
    I pray every night I could change what had happened to me and others this stuff really needs to be off the market until future studying can be done for safety

    • Jane Akre April 26, 2018 at 11:40 am - Reply

      Jan- Why are you happy Judge Goodwin decided to drop cases with no surgeries? Are you assuming those people are not worthy? What if a woman cannot undergo anesthesia or her condition has deteriorated to the point where there is a 50% chance she will die in surgery? Just to be clear, these cases are dismissed WITHOUT prejudice, meaning they can be refiled if the law firm is willing to argue on her behalf and if she undergoes some sort of treatment for her mesh injury such as ”
      Ethicon further agrees for plaintiffs who have more than one office revision of the mesh and have trigger point injections, vaginal physical therapy or vaginal Valium, will be treated the same as those plaintiffs who undergo revision surgery within five years.”

      Why do you say that when a jury is presented with the facts in the case that their decision is wrong? That is our system and juries are speaking, especially with punitive damages to punish the companies.

  2. Teresa April 25, 2018 at 8:37 pm - Reply

    I think it not fair at all..I have to sign a paper every time I have surgery. Stating that I understand there a 50/50 chance of death…because of heart damage…but I get thrown out because I didn’t have a removal..which may make things worse..weather or not have removal the damage is done..the faulty sling is in our body’s..you already no the damage it does..by all the other cases.. All who had it put in..should be compensated…even though I have had it removed I deal with the effects everyday..and will to the end of my life..so I really don’t see why we get thrown under the bus..

    • Jane Akre April 26, 2018 at 11:37 am - Reply

      Teresa, if you case was lingering in the MDL, this action leaves the door open for your law firm to argue that a few different procedures should have you considered for a settlement. In other words, it moves things along in the face of a very stubborn defendant. Dismissed without prejudice means the door is open to refile. Is your law firm willing to do that?

    • Anon April 26, 2018 at 1:06 pm - Reply

      Teresa…If you had the mesh removed, that is called a revision, your case is not effected by the non revision order. Chances are…you still have mesh remaining in your body.

  3. Becky May 2, 2018 at 10:01 am - Reply

    So is mesh, using my own fascia from my leg considered another surgery to correct their mistakes with the tvo.mesh that was put in me? After partial mesh removal. My law firm does not consider it as a other qualified surgery.. even though I still need full mesh removal. But my insurance won’t cover out of state specialist like Dr Raz. No fair.

    • Jane Akre May 2, 2018 at 11:19 am - Reply

      Becky, what state are you in? There may be someone closer but I have a problem with these insurance companies and you all can be the squeaky wheel. They oftentimes led you to have a mesh repair, non a non-mesh repair, which in some cases they DID NOT pay for. Fight back!!! Write a letter insisting that you want an expert to remove the mesh, who specializes in mesh complications…. Remind them their coverage is partially responsible for your present day situation.

      Here is the letter template… please individualize it for you!


    • BECKY May 7, 2018 at 7:17 am - Reply

      Thanks I live in New Mexico. So is the second surgery accounted for or not ? It is still under anesthesia and I stayed 2 days in the hospital. My first surgery was a partial mesh removal , I thought my surgon was talking all the mesh out but he said he couldn’t if I knew that I would have seen a specialist in texas, or Arizona or California . Ornelasrebecca@yahoo.Com.

      • Jane Akre May 7, 2018 at 12:20 pm - Reply

        Was the second surgery a mesh removal or revision? That should count…. it may be up to your law firm, whether or not they will advocate strongly for you.

  4. Fed Up May 3, 2018 at 7:57 pm - Reply

    Jane, my attorney just notified me that the doctor reviewing my case now wants to examine me. My attorney is flying me to Atlanta to be examined by the doctor. Is this normal practice?

    • Jane Akre May 3, 2018 at 10:22 pm - Reply

      Yes it is if you are being worked up for trial. The other side is allowed to defend itself by deterring if what you claim is true…..I’m not an attorney but you will have to steel yourself for what they will throw at you….you can do it!!!

      • Fed Up May 9, 2018 at 12:12 pm - Reply

        Jane, this is my attorney’s expert doctor. After reviewing my file the doctor requested I see him in person.

    • Still Standing May 3, 2018 at 11:06 pm - Reply

      My case was worked up for trial and I didnt have to be examined by defendant’s doctors. It would be wise to have someone with you for this exam just to corroborate what is said. Just FYI: Yes, your attorney is arranging your flight and accomodations, but it will be charged to your case expenses, which will be deducted from your financial settlement or jury award. The attorney is fronting the cost, but it is ultimately your responsibility to pay. Case costs are above the % you have contracted with the attorney for their services. Being worked up for trial is a very costly process, one that you will ultimately pay for in full.

  5. BECKY May 7, 2018 at 7:21 am - Reply

    Wow so if my case doesn’t go to trial do I still have to pay 40 %.

    • Jane Akre May 7, 2018 at 12:19 pm - Reply

      You iwll pay a portion of your settlement dollars. It should be in your agreement, retainer agreement with the law firm.

  6. Beth May 11, 2018 at 3:19 pm - Reply

    Everyone we all know pp is made of plastic. Whether mesh was removed, partially or not remove it is already in your blood stream. Check all your wbc and rbc counts and your inflammation counts. Cancer is next and this pp is made of synthetic substances. Some of you are left in limbo because your original lawyer partnered with another law firm.for percentage negotiations. They don’t tell you and you need to be pro active to them. Don’t agree on anything and have everything in writing. We are too much damages whether there is a revision or not. Our lawyer owes us an explanation. Jane can you please publish name of lawyers who are still accepting case transfer for cases that was dropped because of low ball offer.Thank you.

  7. Brie May 16, 2018 at 10:38 am - Reply

    Jane , my law firm had across the board settlement for the clients they were representing. All their clients have signed except me. I did have a 7 hour ordeal with eithicon lawyers just to get a 3 hour deposition.
    50,000 to each client & my net about 10,000

    I did Have removal, have not been intimate since 2011 , it feels like wire inside me when I did try. After he left I lost my house because I feel into a deep deep depression. I just wanted to go back & stay with a leaky bladder.
    I was treated by a psychiatrist and had ECT treatment just to function again. It helped me , but I suffered permanent memory loss.

    All this was acknowledged by the Ethicon lawyer in the deposition & even the lawyer apologized for what I had gone through.
    When eithicon lawyer arrived late in the room & she had three boxed of medical paper work on a dolly stating she had never had so much
    I have told my law firm that I want a trial & take my chances. They will not represent me & tell me I must find another lawyer. I feel like I’m starting over. What do you think I should do ?

    • Jane Akre May 16, 2018 at 11:39 am - Reply

      Tell me privately which law firm wants you to settle for $10k…..janeakre@meshnewsdesk.com The case belongs to you. If it were me, Id talk to others to see if there is any interest….agreed, that is pitiful.

  8. Brie May 17, 2018 at 12:22 pm - Reply

    How do I post to you privately?

  9. Brie May 17, 2018 at 2:57 pm - Reply

    The email is not showing
    meshnews@. ????

    • Jane Akre May 17, 2018 at 4:11 pm - Reply


  10. Beth May 19, 2018 at 2:24 pm - Reply

    Do you have any info about TVT-O trials seems all lawyers are dragging this case. Lots of woman were injured with this golden standard product. I myself almost died with this and comprised a lot of things with in me. Cannot work now due to complications and impairment.
    And my present law firm need another law firm to help them out for negotiating and representation such a GIG! Do you know lawyers who are still accepting cases if, you could provide me one. Thank you for all the help you are giving us all.

  11. Catherine June 12, 2018 at 2:10 am - Reply

    I am in Mississippi & had my 3rd surgery due to mesh erosion yesterday (6/11/18) It eroded December 2016. I was so scared. After almost 10 years of nothing, it all of a sudden started coming out. I’ve been as proactive as possible in reading and getting my records and finding out as much as possible. I had the ethicon tape for prolapse. (I have product number) I just want to say, my thoughts & prayers are for everyone going through this & SHAME on these manufacturers!

  12. Kim June 19, 2018 at 12:54 pm - Reply

    I have had two surgeries with mesh placed in three different areas. With one, the scar tissue around the mesh is so bad, it cannot be removed. I receive botox injections to deal with the pain.

  13. Diane January 3, 2019 at 9:19 am - Reply

    I had the mesh removed and still in pain. They told me they couldn’t remove it all. I am in pain all the time. They send phones numbers on your paperwork that don’t exist . They are the worst . They are taking $17, 523.00 in fees out of $57,000 settlement. Not even one phone call was placed from them. The settlement offer does not say they will be taking that much from you. It only states $7,000.00 in fees………Beware,

    • Jane Akre January 3, 2019 at 12:38 pm - Reply

      Hi Diane – I believe you are talking about the $17k which is the lien hold back. Law firms are required to do that until the liens are resolved. That is NOT a fee to the law firm! The firms have no control over the hold back and it doesn’t go to them. The Court has ordered a lien resolution program that they absolutely have to follow. It’s hard to understand that. If the hold back is less than the liens, the client will get that money back in the future. Sometimes, clients don’t have any liens and they get the full amount back. As you can imagine, frustration runs both ways as many firms would like to get the settlements wrapped up but can’t until the lengthy lien resolution takes place.

      The reason it takes so long is that the company has to resolve liens for tens of thousands of clients who basically have to get in line. There are supposedly huge advantages to clients as a result of the process (because there are so many women, the lien holders are able to negotiate much better deals and get the lien amounts down more), but the process takes 3-4 months typically.

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