Posts Tagged TVM settlement

Five Boston Scientific Mesh Cases Remanded for Trial in Florida

On April 11, 2014, Judge Joseph Goodwin consolidated five Boston Scientific mesh cases and set them for trial on September 29, 2014 in Southern District of Florida.

The cases are:

Eghnayem v. Boston Scientific Corporation, 2:13-cv-07965

Dotres v. Boston Scientific Corporation, 2:13-cv-10077

Nunez v. Boston Scientific Corporation, 2:13-cv-24346

Dubois-Jean v. Boston Scientific Corporation, 2:14-cv-04455, and

Betancourt v. Boston Scientific Corporation, 2:14-cv-11337

No Judge has been assigned 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.

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. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No. 2327, Carolyn Lewis, et al. v. Johnson & Johnson, et al., No. 2:12-4301, S.D. W.Va.).

On April 4, 2014, a Dallas jury found for the plaintiff Linda Batiste and ordered Johnson & Johnson to pay $1.2 million for its defective design of the Ethicon TVT-O pelvic mesh.

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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Court Sets Key Dates Leading to Trial in Boston Scientific Vaginal Mesh Cases

Judge Joseph Goodwin set the following key dates for the run up to trial in the vaginal mesh cases vs Boston Scientific currently set for October 14, 2014. Pretrial Order 87 provides as follows:

Plaintiffs shall serve expert reports by 5/11/2014 and provide proposed deposition dates to occur by 7/1/2014;

Defendants shall serve expert reports by 6/1/2014 and provide proposed deposition dates to occur by 8/1/2014;

Plaintiffs shall serve rebuttal expert reports by 7/1/2014;

Written discovery due 6/13/2014;

Expert discovery due 8/1/2014;

Case-specific discovery due 7/28/2014;

Setting forth motions practice; deposition designations due 9/23/2014, objections due 10/3/2014, counter-designations due 10/10/2014;

Exhibit and witness lists due 10/3/2014;

Proposed integrated pretrial order due three days prior to pretrial conference;

Pretrial and settlement conference set 9:00 a.m.

10/2/2014; proposed jury instructions w/proposed verdict form due 10/10/2014;

Trial set 8:30 a.m. 10/14/2014.

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.

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. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No. 2327, Carolyn Lewis, et al. v. Johnson & Johnson, et al., No. 2:12-4301, S.D. W.Va.).

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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J&J and the Destroyed Records in Vaginal Mesh Cases

On February 4, 2014, Federal Magistrate Judge Cheryl Eifert found that Johnson and Johnson lost or destroyed thousands of documents and computer files dating back to 2007 related to development of J&J’s Gynecare Prolift and TVT Retropubic meshes. At the time, current J&J CEO Alex Gorsky was the head of the Ethicon Subsidiary responsible for the vaginal mesh implants.

CEO Alex Gorsky

CEO Alex Gorsky

Click here to read the full article: Women Suing J&J Over Pelvic Implant Injuries Allege It Destroyed Documents, Seek US Probe

However, Federal Magistrate Cheryl Eifert stopped short of finding the PHARMA giant did so intentionally, holding instead the destruction was negligent. (In Re Ethicon Pelvic Repair System Products Liability Litigation, 12-MD-02327, U.S. District Court, Southern District of West Virginia (Charleston)). There are currently over 11,000 lawsuits pending against Johnson & Johnson’s Ethicon division, which manufactured the Gynecare Prolift and TVT Retropubic meshes. The cases are part of the thousands before U.S. District Court Judge Joseph Goodwin at the U.S. District Court, Southern District of West Virginia. Suits have been filed against J&J, Bard, Endo Health Solutions Inc., and Boston Scientific Corp.

In ruling against Johnson & Johnson, the court noted that the obligation to preserve evidence arises when “litigation is reasonably anticipated.” If a company fails to do so, a court may impose sanctions ranging from monetary penalties to prohibiting the company from making certain arguments at trial. According to the court’s order, Johnson & Johnson’s efforts to preserve documents were “riddled with holes” and “failed miserably in certain instances.”

J&J stopped selling four vaginal mesh products in the face of the massive suits in 2012.  Also in 2012, FDA asserted that the company sold Gynecare Prolift for three years even though it didn’t have the right regulatory approval to do so.  In 2012, the FDA ordered CR Bard Inc and 31 other vaginal mesh implant makers to study rates of organ damage and complications linked to implants.

Patient Advocacy Group Asks For Federal Investigation

On March 26, 2014, a patient advocacy consumer group called the Corporate Action Network filed a complaint with the Department of Justice asking for an investigation into whether J&J and its executives including CEO Alex Gorsky deliberately destroyed the records. In its letter the group asked Attorney General Eric Holder:

“We respectfully request that you investigate Johnson and Johnson, Inc. and its top executives including Chairman and CEO, Alex Gorsky, for two possible criminal violations: first, for obstruction of a criminal investigation of health care offenses in apparent violation of 18 U.S.C. Section 1518 and second, for destruction of documents in apparent violation of 18 U.S.C. Section 1519. This request follows the recent discovery of document destruction by Johnson and Johnson as related to lawsuits brought against them by thousands of women across the United States who have been seriously injured by the corporation’s pelvic mesh implants”.

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.

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. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No. 2327, Carolyn Lewis, et al. v. Johnson & Johnson, et al., No. 2:12-4301, S.D. W.Va.).

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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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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Endo Health Solutions Saving $520 Million to Fund Transvaginal Mesh Lawsuits While Settling Off Label Marketing Claims for Lidoderm

AMSIn 2011, Endo Health Solutions bought American Medical Systems, one of the manufacturers who is currently embroiled in the transvaginal mesh litigation, with over 5,000 pending lawsuits before Judge Joseph Goodwin.  In 2008, women who used these devices began filing suits against American Medical Systems.  In 2013, Endo agreed to pay some $54.5 million toward settling some of the pending suits.

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.

Click here to read the full article: Endo is Stocking up at Least $520M to Cover Vaginal Mesh Lawsuit Legal Costs

On the same day, Endo also announced it is settling with the Department of Justice for $192.7 million to resolve criminal and civil liability allegations brought by whistleblowers pertaining to claims it marketed Lidoderm, a patch approved to treat shingles pain, for off label uses including pain from diabetic neuropathy and carpal tunnel syndrome.  The resolution includes a deferred prosecution agreement and forfeiture totaling $20.8 million and civil false claims settlements with the federal government and the states and the District of Columbia totaling $171.9 million.  In a deferred prosecution agreement to resolve the charge, Endo Pharmaceuticals Inc. admitted that it intended that Lidoderm be used for unapproved indications and that it promoted Lidoderm to health care providers for those unapproved indications.  The government alleged that, from March 1999 through December 2007, Endo caused false claims to be submitted to federal health care programs, including Medicaid, a jointly funded federal and state program, by promoting Lidoderm for unapproved uses, some of which were not medically accepted indications and, therefore, were not covered by the federal health care programs.  Of the $171.9 million Endo has agreed to pay to resolve these civil claims, Endo will pay $137.7 million to the federal government and $34.2 million to the states and the District of Columbia.

Click here to read the full FiercePharma article: Endo Pharmaceuticals and Endo Health Solutions to Pay $192.7 Million to Resolve Criminal and Civil Liability Relating to Marketing of Prescription Drug Lidoderm for Unapproved Uses

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.

Trademark Notice

Endo Health Solutions and American Medical Scientific are registered trademarks.  The use of these trademarks is 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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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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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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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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