Archive for category Transvaginal Mesh

Johnson & Johnson Mesh Trial Set to Begin

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.

If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

Trademark Notice

Johnson & Johnson, C.R. Bard, Boston Scientific, Inc. American Medical Scientific, and Coloplast are registered trademarks.  The use of these trademarks are solely for product identification and informational purposes.  These trademarks are not affiliated with this website, and the trademarks have no affiliation with the Brandi Law Firm.  Nothing on this site has been authorized or approved by the trademarks.

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Judge Goodwin Sets Scheduling Order Leading to Multiple Trials in Boston Scientific Vaginal Mesh Cases

On December 19, 2013, Judge Joseph Goodwin issued a scheduling Order for the Boston Scientific vaginal mesh cases that will result in four hundred cases going through the pipeline to two separate trial dates on October 14, 2014 and February 15, 2015.

The Court ordered each side to pick 50 cases for each wave with Wave 1 having a deadline of January 21, 2014 for 100 cases to be selected and then discovery commencing on those 100 cases followed by trial on October 14, 2014. The 100 cases for Wave Two are to be selected on May 21, 2014 leading to a trial date of February 15, 2015. The orders may be accessed through the court’s website at www.wvsd.uscourts.gov.

If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Next Bard Transvaginal Mesh Trial Set for December 3, 2013

The next Bard vaginal mesh implant is set to commence December 3, 2013 in U.S. District in West Virginia.  Judge Joseph Goodwin will preside over the case, Carolyn Jones v. C. R. Bard, Inc. 2:11-cv-00114.  Jones alleges that Bard Avaulta Plus vaginal mesh implant gave her bladder spasms and caused bleeding as well as pelvic pain.

Bard 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.  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.

If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Big Pharma: Is Paying Big Fines More Profitable than Telling Doctors and Consumers the Truth in Marketing?

This week, Johnson & Johnson etched its name in the history books of another big pharma company that has been fined over billions of dollars due to a drug manufacturer practices of improper marketing and failure to warn.  Johnson & Johnson pled guilty to claims stemming from allegations that the giant pharmaceutical company knowingly marketed the anti-psychotic drug Risperdal for inappropriate uses and paid kickbacks to doctors and nursing homes in prescribing the drug.  The total amount of fines amounted to $2.2 billion.  This was not the first time that Johnson & Johnson has settled claims for their drug, Risperdal.  This is also not the first time that a major pharmaceutical company has paid fines for not properly disclosing while denying in corresponding civil litigation it failed to properly disclose.

Click here to read the full article: J&J to Pay $2.2B to Wrap Up Long-Standing Risperdal Marketing Probe

This is the second major fine that big pharma has been dealt in the last three months.  In July 2013, Pfizer, maker of the cholesterol lowering drug Lipitor, and the U.S. Justice department agreed to a $490.9 million settlement agreement with Pfizer’s Wyeth unit related to illegal marketing of a kidney-transplant prescription medication, Rapamune (sirolimus).  Previously, the Food and Drug Administration approved the immunosuppressive therapy for kidney transplant patients, but Wyeth also marketed it on an unapproved basis for other types of organ transplant patients, “which resulted in false Medicare and Medicaid claims”.

It was two years ago, that GlaxoSmithKline, the drug giant that produced the heavily litigated Avandia, agreed to pay $3 billion to settle United States government civil and criminal investigations into its sales practices for numerous drugs, including Avandia.  Company whistleblowers alleged that GSK improperly paid Doctors and manipulated medical research to promote sales of the drug.

The practices of improper marketing and failure to warn are at the heart of the current drug litigation occurring with the DePuy metal-on-metal hips, transvaginal mesh made by Bard, Johnson & Johnson and others, Pfizer’s Lipitor users being diagnosed with type two diabetes, Merck’s Fosamax users suffering atypical femur fractures, Actos users suffering bladder cancer, and a host of others.  When companies have block buster drugs, history has shown they often seek to expand market share through non-authorized uses to enhance profits during patent exclusivity.  This conduct is knowingly done at the health expense of the consumers through failure to tell the whole truth to physicians and holding back essential information and adequate warnings.

Drug manufacturers have historically been shown to engage in improper marketing practices, paying kickbacks to prescribers, concealing essential information consumers and their physicians need to know, denying all of that conduct beyond scores of corporate attorneys in litigation, then attempting to quietly settle the concealment and improper marketing claims with the federal or State authorities once the civil litigation has drawn near a close.

Despite the fines, the practice continues.  Why?

Obviously, Big Pharma believes simply telling the whole truth, so honest decisions can be made is not a good business practice.  Apparently, Big Pharma would rather pay the fines if it is caught, and ask the government for forgiveness while denying fault to the people injured by their failure to disclose the truth.

Contact Our Experienced San Francisco Drug Recall Lawyers Today

At the Brandi Law Firm, we help people throughout the country who have been harmed because of a defective drug or medical device such as women contracting type two diabetes while using Lipitor, people suffering from bladder cancer while using Actos,  Fosamax users suffering atypical femur fractures, DePuy ASR hip users requiring revisions or suffering toxic poisoning, and women suffering significant pain, erosion and removal of Vaginal Mesh  Instead of treating all victims of defective drugs and medical devices the same we take a different, more personalized approach with a team of experienced defective drug attorneys and paralegals working for every client.  Our goal is to provide you with information about your legal options and to help you pursue compensation and holding these drug companies responsible for their dangerous actions.  Please contact the Brandi Law Firm today (1-800-481-1615 or email us) to talk with the experienced San Francisco defective drug attorneys.

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Cisson Verdict Upheld by Trial Court

According to a report in Fierce Medical Devices, the trial court has upheld the 2 million verdict in the Donna Cisson v. C.R. Bard, Inc. transvaginal trial.  Judge Joseph Goodwin reaffirmed that the initial award was appropriate and that attorneys representing Donna Cisson successfully proved the company’s vaginal mesh was the cause of her injuries.

Donna Cisson brought her case for severe injuries resulting from her use of Bard’s transvaginal mesh.  Cisson alleged that the Bard Avaulta Plus vaginal mesh implant gave her bladder spasms and caused bleeding as well as pelvic pain.

Click here to read the full Fierce Medical Devices article: Bard Vaginal Mesh Verdict Sticks as Judge Reaffirms $2M Award

On August 15, 2013, the jury found for Donna Cisson compensatory damages in the amount of $250,000 for her injuries and $1.75 million in punitive damages after considering all the evidence from the numerous experts from each side.  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.

Bard has lost two jury trials, settled a third case after a jury selected, and settled a fourth before trial commenced.  Bard’s implants have been targeted in more than 12,000 cases, while Boston Scientific said in an August regulatory filing that it faces more than 12,000 suits over its vaginal devices. Additionally Endo’s American Medical Systems Inc. unit faces about 13,500 vaginal-mesh claims between state and federal suits, and Coloplast and Cook face about 1,000 claims combined.  J&J faced 12,250 pelvic mesh claims through June 30, according to a regulatory filing.

In August 2013, Judge Joseph Goodwin announced the bellwether case schedule for the Boston Scientific vaginal mesh cases occurring in West Virginia.  The first set of Boston Scientific trials is set to begin 2/11/2014 and the second set commencing on 6/17/2014.

We believe that ultimately the cause of injuries suffered by vaginal mesh users will be shown to be the defects in the mesh products and the absence of appropriate warnings.  If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Bloomberg Reports Settlement Talks in Mesh Cases

Bloomberg is reporting that C.R. Bard, Endo Health Solutions, Boston Scientific, Cook, and Coloplast are in what Judge Goodwin described a “behind the scenes” settlement talks.  Johnson and Johnson (J&J) is reportedly NOT participating.

Bard was held liable in two jury verdicts so far.  In July 2012, Bard lost an Avaulta case in a California jury trial and was ordered to pay Christine Scott and her husband over $5 million.  On August 15, 2013, the company was ordered to pay $2 million to Donna Cisson after a jury verdict.  Shortly thereafter, it settled a case in West Virginia (Queen vs. Bard and on September 13, 2013 reportedly settled Melanie Virgil’s case that was set for trial in New Jersey on September 26, 2013.

Bard’s implants have been targeted in more than 12,000 cases, while Boston Scientific said in an August regulatory filing; it faces more than 12,000 suits over its vaginal devices.  Endo’s American Medical Systems Inc. unit faces about 13,500 vaginal-mesh claims between state and federal suits, and Coloplast and Cook face about 1,000 claims combined.  J&J faced 12,250 pelvic mesh claims through June 30, according to a regulatory filing.

C.R. Bard took a $275.1 million litigation charge earlier in 2013 year related to the lawsuits, an action that led to a sizable net loss.

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.  Based on the Bloomberg report, it is too early to know if the settlement talks will continue let alone lead to a resolution.

Click here to read the full article: Bard, Vaginal-Mesh Makers, Said to Be in Settlement Talks

If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Bard Settles Another Vaginal Mesh Suit

On September 13, 2013, Bard settled Melanie Virgil’s claims that Bard’s Avaulta Plus insert caused urinary problems.  The case, Virgil v. C.R. Bard Inc. (BCR), ATL-L6917-10, Superior Court of New Jersey Law Division, Atlantic County (Atlantic City), was scheduled to go to trial on September 26.  According to the complaint, Virgil, a junior high school music teacher in Colorado, sued Bard after her transvaginal mesh device began to erode.  Virgil needed three surgeries to address urinary problems created by the insert.

Click here to read the full Bloomberg article: Bard Said to Settle Vaginal-Mesh Case Set for Trial

Bard has lost two jury trials, has settled a third case after a jury selected, and now has settled a fourth before trial commenced.  Bard faces more than 8,000 claims over the Avaulta insert.

Over 23,000 women have filed suits detailing their injuries from the mesh inserted in them.  We believe that ultimately the cause of their injuries will be shown to be the defects in the mesh products and the absence of appropriate warnings.  If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Boston Scientific Vaginal Mesh Bellwether Cases Trials Scheduled

On August 29, 2013, Judge Joseph Goodwin announced the bellwether case schedule for the Boston Scientific vaginal mesh cases occurring in West Virginia.  The following cases were selected for the first and second bellwether trials in this MDL:

  • Carol Lynn Fawcett, et al. v. Boston Scientific Corp. 2:12-cv-07497 Pinnacle
  • Roseanne Sanchez, et al. v. Boston Scientific Corp. 2:12-cv-05762 Pinnacle
  • Carolyn F. Smothers v. Boston Scientific Corp. 2:12-cv-08016 Obtryx
  • Katherine L. Hall v. Boston Scientific Corp. 2:12-cv-08186 Obtryx

The first set of Boston Scientific trials is set to begin 2/11/2014 and the second set commencing on 6/17/2014.

Vaginal Mesh Trial History

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.  In Queen vs. Bard, starting trial immediately after Cisson, a settlement was reached.

If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Bard Settles Queen Avaulta Solo Vaginal Mesh Suit

On August 21, 2013, after a jury of five men and four women had been selected and opening statements in the trial were ready to commence, the parties in the Wanda Queen vs. C.R. Bard Inc. Avaulta vaginal mesh case settled.  The amount was not disclosed.  Ms. Queen had the mesh inserted because of pelvic prolapse by Dr. Elizabeth Barbee at Wake Medical Center in Raleigh, North Carolina.

Bard has now lost two jury trials and settled the third before a jury could hear the evidence.  Bard now faces thousands more suits over its Avaulta product.  The next case against C.R. Bard Inc. for its Avaulta vaginal mesh is scheduled to begin October 8, 2013.  The stock closed up almost three dollars per share after last week’s $2 million Cisson vs. Bard verdict on news of the settlement, finishing over $114 per share.

Over 23,000 women have filed suits detailing their injuries from the mesh inserted in them.  We believe that ultimately the cause of their injuries will be shown to be the defects in the mesh products and the absence of appropriate warnings.  If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.

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Bard Faces Future after Cisson Verdict

In 2012, Bard lost its first vaginal mesh case and was ordered to pay $3.6 million following the California state court jury’s decision.  On August 15, 2013, a West Virginia jury ordered Bard to pay $2 million to Donna Cisson for her injuries due to her use of what the jury found to be the defective Avaulta product.  Thousands more vaginal mesh claims are building up against Bard in the MDL proceedings in Judge Goodwin’s court in West Virginia.

Timothy RingTimothy M. Ring is the Chairman and Chief Executive Officer for C. R. Bard, Inc., serving in that capacity since August 8, 2003.  He joined Bard in June 1992 as Corporate Vice President and has steadily risen through the ranks to assume corporate leadership.  Prior to Bard, he worked ten years at Abbott labs in personnel positions and before that was with General Motors.  He has a degree in Industrial relations from Cornell.

C.R. Bard Inc. stock closed at approximately $111 per share on August 16, 2013.  Shares are up about 16% for 2013 year to date.  Currently there are 5 analysts that rate C.R. Bard a buy, 1 analyst rates it a sell, and 12 rate it a hold.  It is a global company with 12,000 employees and business operations in 90 countries.  In the first quarter of 2013, the stock made a profit of $90.7 million dollars.  In the second quarter of 2013, the company reported a loss of $161.6 million because it took a $275.1 million litigation charge for product liability charges that virtually wiped out its profits.  In the remainder of 2013, Bard anticipates receiving payments from W.R. Gore & Associates, which has been ordered to pay hundreds of millions of dollars to C.R. Bard as a result of a patent infringement case related to prosthetic vascular grafts used in bypass procedures.  In June 2013, Bard reached a deal to sell its electrophysiology business for$275 million dollars to Boston Scientific.  On August 19, 2013 Bard announced that it has entered into a definitive agreement to acquire privately held Medafor, Inc., a leading developer and supplier of plant-based hemostatic agents for the purchase price of $200 million.

No doubt, Bard, like many similar companies faced with massive suits, did focus groups trying out its best arguments on mock juries, and then tailored those arguments as they applied them to the actual cases.  However Bard has now seen what two real juries have thought of its efforts to say there was nothing wrong with the Avaulta mesh product, they acted reasonably, and the pain the women are suffering is really from something else.  Bard gets another chance immediately as the next Avaulta Plus vaginal mesh lawsuit is slated to begin in West Virginia on August 19, 2013.

Soon Bard will learn the lessons of history.  Perhaps Mr. Ring will see the inevitable tide advancing and do the right thing for the injured women, their families, and the Bard shareholders.

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