The first trial against Johnson & Johnson’s line of vaginal mesh products was set to commence February 10, 2014 in U.S. District in West Virginia. Judge Joseph Goodwin will preside over the case, Carolyn Lewis, et al. v. Johnson & Johnson, et al., 2:12-cv-04301 TVT. Lewis alleges complaints over Johnson & Johnson’s Ethicon-produced TVT Retropubic and Gynecare Prolift pelvic meshes. More than 10,000 cases against Johnson & Johnson have been filed over this litigation.
Additional Bellwether Trials Scheduled
There are 9 bellwether trials that are scheduled in 2014 involving claims against Ethicon, Boston Scientific, Bard, and Johnson & Johnson.
The trial schedule for the different manufacturers is listed below:
Bard – there was a case set for February 10, 2014, but it was continued because the plaintiff key witness wife was critically ill. That case will be re-scheduled.
Ethicon – there are six trials set and the first begins on Feb 10, 2014 and the second on 6/23/14.
Boston Scientific – there are four trials set with the first in March and the second in July, 2014.
American Medical Scientific – four trials set with the first set for 4/7/14 and the second set for 5/5/14.
Coloplast – not set yet.
Vaginal Mesh Trial History
Bard has lost two jury trials, settled a third case after a jury selected, and settled a fourth before trial commenced. In July 2012, a California jury awarded Christine Scott and her husband $5.5 million after she underwent nine revision surgeries. Scott sued C.R. Bard in 2009 over its Avaulta Plus mesh product. In February 2013, Linda Gross won $11.11 million in her lawsuit against Johnson & Johnson’s Ethicon brand over its Prolift vaginal mesh product. Gross had 18 surgeries. The New Jersey jury found that J&J failed to warn patients and doctors about the risks of its mesh products and made fraudulent misrepresentations. On August 15, 2013, after about 12 hours of deliberation, the jury found for Donna Cisson in her vaginal mesh trial against manufacturer C.R.Bard Inc, and found damages in the amount of $250,000 and $1.75 million in punitive damages. The jury found that Bard failed to provide adequate warnings as to the defects in its vaginal mesh product and that the device was defective. Judge Joseph Goodwin upheld the 2 million verdict in October 2013 as appropriate and that Cisson’s attorneys proved the company’s vaginal mesh was the cause of her injuries. In Queen vs. Bard, starting trial immediately after Cisson, a settlement was reached after the jury was selected. Finally, Bard settled Melanie Virgil’s claims that Bard’s Avaulta Plus insert caused urinary problems before trial commenced in New Jersey.
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