Posts Tagged Coloplast

Coloplast Reportedly Settles 400 Transvaginal Mesh Cases

Coloplast CorporateThere are approximately 29,000 mesh cases pending against Johnson & Johnson, C.R. Bard, Boston Scientific, Cook Medical Systems and Endo Health Solutions before Judge Joseph Goodwin in West Virginia.  Reportedly, settlement talks are ongoing in some form with some of the defendants, with only Johnson& Johnson not participating.  As the cases move to trial, transvaginal mesh manufacturer Coloplast has reportedly agreed to settle 400 cases for 16 million.  (MDL No. 2387 In Re Coloplast Corp. Pelvic Support Systems Products Liability Litigation)  The terms have not been disclosed.  Coloplast is a worldwide company employing over 8000 people

Coloplast made Novasilk Synthetic Flat Mesh, Restorelle Smartmesh, and Exair mesh for POP (pelvic organ prolapse) and five products for SUI (stress urinary incontinence): Aris Transobdurator (TOT) sling, Minitape sling, Omnisure Sling, Supris Suprabic Sling, and T-Sling with Centrasorb.

It is not known what products are subject to the reported settlement.

Click here to read the full article: Coloplast Settles Hundreds of Vaginal Mesh Lawsuits for $16M

In June 2013, Endo Health agreed to a $54 million settlement involving an unknown number of claimants.  According to regulatory filings, Endo Health Solutions is building a stockpile of cash in the amount of $520 million increasing reserves to cover expected fallout from the pelvic mesh litigation.  Endo disclosed in a regulatory filing that the amount of money could increase due to the growing lawsuits and the ultimate outcome.

Vaginal Mesh Trial History

On February 18, 2014, Judge Joseph Goodwin granted Ethicon’s Motion for Directed Verdict at the close of Plaintiff’s case in Lewis vs. Ethicon, Inc.

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.

Our office represents women who have suffered horribly from these mesh products.  We remain committed to representing them to a successful conclusion of their cases.

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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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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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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Transvaginal Mesh Trials Set for Bellwether Cases

On August 5, 2013, Judge Joseph Goodwin issued pretrial Order No. 59 providing trial dates for July 14, 2014 and May 27, 2014 from the following bellwether cases.

  • Carolyn Lewis, et al. v. Johnson & Johnson, et al., 2:12-cv-04301 TVT;
  • Judy Brown, et al. v. Ethicon, Inc., et al., 2:12-cv-07314 TVT;
  • Jo Huskey, et al. v. Ethicon, Inc., et al., 2:12-cv-05201 TVT-O;
  • Tonya Edwards, et al. v. Ethicon, Inc., et al., 2:12-cv-09972 TVT-O;

The Court Order states “The Court will try the 1st and 2nd round of cases, set to begin 1/14/2014 and 5/27/2014, respectively, from these cases and in the order shown, etc.; the Court will try a Prolift case for the 3rd round of cases set to begin on 8/19/2014.”

Over 23,000 mesh suits pending in MDLs

Thousands of women experienced complications such as: device erosion, infection, organ perforation, intense pain and inability to have intercourse.  Many of these women have had to undergo multiple revision surgeries to attempt to manage symptoms and have since filed transvaginal mesh lawsuits against the device manufacturers. These actions are brought by women against vaginal mesh companies C.R. Bard, American Medical System, Boston Scientific Inc, and Coloplast Corp.

MDL Name

Number of Cases

MDL – 2187, IN RE: C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation

3,399

MDL – 2325, IN RE: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation

7,227

MDL – 2326 IN RE: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

4,622

MDL – 2327 IN RE: Ethicon, Inc., Pelvic Repair System Products Liability Litigation

7,117

MDL – 2387 IN RE: Coloplast Corp. Pelvic Support Systems Products Liability Litigation

437

MDL – 2440 IN RE: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation

25

TOTAL: 6 Multidistrict Litigations

22,827

Donna Cisson Trial Continues

Meanwhile the trial of the case of Donna Cisson vs. Bard, 2:11-cv-00195 continues in Judge Goodwin’s courtroom.  It is anticipated Plaintiffs will seek to establish that:

  • Bard knew of the risks associated with Bard Avaulta transvaginal mesh and failed to inform doctors.
  • Bard did not do clinical testing or studies to learn the risks of Bard Avaulta transvaginal mesh.
  • Bard did not study how to remove Bard Avaulta transvaginal mesh.
  • Bard marketed and sold Bard Avaulta transvaginal mesh despite knowing the material used to make it, Marlex, was not designed to implant in the human body.
  • Bard did not tell doctors that Bard Avaulta transvaginal mesh was not fit for human use.

The company knew in 2002 and 2003 that synthetic vaginal mesh could cause significant erosion of the patient’s tissues, and infection.

Two Trial Verdicts for Plaintiffs

There have been two trials so far, both resulting in Plaintiff’s verdicts.  However, the facts in these cases are different from many of the pending cases.  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.

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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