Question: Which Transvaginal Mesh Trials are Next?

Feb 20th, 2013 | By | Category: Your Turn

Gavel  500MDND (Mesh Medical Device News Desk) and its FB Page have been receiving a lot of questions about which trials are scheduled to follow Linda Gross v. Ethicon, which on Thursday, February 28 resulted in an $11.1 million award to Linda and Jeff Gross.

The award includes $7.76 million in punitive damages. See story here.

The next mesh defective product trial naming manufacturer C.R. Bard had been set for February but was rescheduled for June 11, 2013 in the Southern District of West Virginia. Here is the URL for the June 11, CR Bard trial. See Order #59.

[Late Add* - that trial has been rescheduled for July 8, 2013 and plaintiffs Donna and Dan Cisson].

Bard is MDL (multidistrict litigation)  No. 2187 with 2,101 cases filed as of March 1, 2013.

Judge Joseph R. Goodwin

Judge Joseph R. Goodwin

Others scheduled in the Southern District of West Virginia under The Honorable James Goodwin include:

American Medical Systems (MDL No. 2325), TRIAL DATE- December 3, 2013  = 4,225 cases

Ethicon, Johnson & Johnson (MDL No. 2327), TRIAL DATE – January 14, 2014 = 4,027 cases

Boston Scientific (MDL No. 2326), TRIAL DATE – February 11, 2014 =2,409 cases

Coloplast (MDL No. 2387) TRIAL DATE,  not set = 206 cases

This does not take into account the many cases filed in state courts in Connecticut, Massachusetts, California, Rhode Island as well as the 2,182 cases filed against Ethicon in the Superior Court of New Jersey (here) as of March 1, 2013.

Judge Carol Higbee’s court (who tried the Linda Gross Ethicon case) tells MDND there is no other Ethicon case scheduled at this time.

Without including various state litigation, the total number of product liability mesh cases exceeds 15,000. Estimates from the legal community are that the number of mesh injury cases will top 20,000 rivaling Vioxx litigation.  The awards may run into the billions as well.

MDND (Mesh Medical Device News Desk) (here) and its Facebook Page (here) plan to cover the litigation as it unfolds on using real-time posts and a summation of the day’s events on Mesh Medical Device News Desk Legal News link (here).

Stay tuned!

 

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21 Comments to “Question: Which Transvaginal Mesh Trials are Next?”

  1. Brianne says:

    With the other Ethicon trial set for Jan, 14, 2014 in W Virginia, does that case have anything to do with the New Jersey case. In other words if J and J makes an offer for all in New Jersey does that amount also compensate the W Virginia Plaintiffs?

    • Melynda says:

      Since these are MDL cases, I don’t think the cases in the NJ district will be offered a “lump” sum – each plantiff will be offered their own individual settlement, if J&J goes that way (or the plantiff can choose a jury trial instead). J&J may opt to start jury trials in the WV district or it may not, depending on how things go in NJ. Regardless, each individual plantiff has the right to a jury trial if they feel the settlement offer is not enough.

  2. Terri R says:

    14,312 cases ..I can still hear my surgeons words (I’ve done 100’s of these procedures without complications) and consistently hear other women repeating similar stories..It is such an injustice to women to endure the pain and suffering and not receive the proper care & information from the surgeons we entrusted to do us no harm.

  3. Joyce says:

    This entire process has been a nightmare. It is so comforting when you find other sites and read the same words you were told by a Doctor. Does every Doctor say the same thing? When they go to these weekend trips to learn how to “Improperly place a mesh sling, or any kind of mesh,” are they also taught how to lie to people and what to tell them? It would seem that every Doctor is saying and doing the same thing. First they do not read over your medical history and talk to you so they know what could happen to you, and say this product is safe. No problems with it at all. They have done it 100’s of times. Then when you have a problem, they lie again and say you are their first to have a problem. This product is safe and FDA approved. I will forever have a problem trusting Doctors again. They are the ones we place our lives with, and yet they are the ones taking the biggest chance with our lives by using us for test dummies. Them and the FDA. Who do we trust?

    • jade says:

      “They tested this on 16 rats, 12 rabbits, four sheep and, by their own researcher’s admission, the next living being this product went into was women,” said Elaine Houghton, Scott’s attorney, on KGET.com.
      UNbelievable!

    • I too have had a nightmare year, in and out of hospital with infected mesh
      From abscess . I finally have op date 22 march in Bristol
      To have mesh removed. I have been told it is very tricky
      Operation. Was never told of pos complications at time of
      Rectopecy . Have too found out surgeons learnt how to insert mesh by
      A short course costing £2000 pound. But are not qualified to remove them!
      The amount of phone calls, letters and emails I have to make this year
      Regarding my condition is huge. No one actually
      Wants to help at all . I am unlucky , that’s what I get told, I also
      Have had to have a colostomy, was told for six months and now told for life , because
      Of this bloody mesh , will we get a chance for compensation, who
      Wants to help

  4. Ag says:

    Do we know a date for the 300+ cases against Boston Scientific scheduled to be heard in Middlesex, MA by the honorable Diane Kottymer ?

  5. Amy says:

    I tried to find something with a date but came up with nothing.

  6. Dee Mitchell says:

    Are there any more bellwethers scheduled in this same New Jersey court against J&J or Bard in the future with Judge Higbee? I thought that a few were chosen for bellwethers from each group and tried one behind the other. In the N.J. court, Bard had been scheduled first and was delayed then J&J went first. Any ideas what goes on with that?

  7. Francis Parmer says:

    Please, can you advise why the transvaginal mesh cases are not being handled with utmost speed against Boston Scientific in the Commonwealth of Massachusetts, Middlesex Superior Court? We all have a different cry. To relive the awful things my “now EX” told me. The horrible pain, the hurtful truths that I must live with forever. This mesh has caused me to no longer have any desire to be a woman. My lost self esteem, my value for life, a love lost. Please, please .. I beg you to expedite the Massachusetts cases. Please hear & listen to our crys.

    • Francis Parmer says:

      After months of pain, embarrassing exposed tape & mesh; the lot of the mesh had grown into my body! How horrible this nightmare is. No vaginal or hormonal creams as it stays up in there to become a smelly nasty bacteria breeding ground! More baking soda baths only thing can do! No underwear at night (should be my choice – if i had a sex life at all thanks to this mesh crap). We can’t even get a answer a outa date or any corresponding info that is actually in “Laymen’sTerms!”. I first tried to file a claim with a law firm in 2007; it’s all in my medical file only to be told there were No such Cases!!!! I’m 52 … This has been going on since 2006. These were supposed to be my best years. NOT!

  8. Francis Parmer says:

    Please, can you advise why the transvaginal mesh cases are not being handled with utmost speed against Boston Scientific in the Commonwealth of Massachusetts, Middlesex Superior Court. This product (if that’s what they call it ) is a painfully slow murder.

    • pj says:

      a good question, I’D LIKE TO KNOW WHY TOO, WHY SOME CASES ARE SO SLOW.

      THE MORE WOMEN DEAD, MEANS MORE SORRY STATE GETS, how many years have these companies been investigated ? I would say more could go faster if they had a usa doc . more than 1 in court to examine the women in front of jury and have at least 3 ury members also, examine to make a just decision, under cover, in front of courts, for them to fell even after surgery to remove, more butchering done and lied to, and mesh still protruding out, cutting causing bleeding, and infections , on going, . it took some very sorry docs and nurses to fo the dirty work of these companies , and yet no one wants to sue these docs. THEY KNEW , THEY HAD TO. WHAT DOC OR NURSE WOULD DARE TO IMPLANT INTO ANOTHER HUMAN BEING, KNOWING IT HAD NOT BEEN TESTED /
      i would to report it to authorities to intervene and do something, this is a crime for sure of those in medical profession, not the 1st time in history those in medical found evil, that do dirty work even for someone to get rich. looks like the women will wind up with nothing like the woman in georgia.

      some women that have not even been damaged as 1 I SPOKE WITH, THAT HAS A CASE, INFURIATES ME THAT SOMEONE WOULD MAKE IT HARDER ON WOMEN THAT HAVE BEEN DAMAGED SEVERELY , AND BEEN TREATED SO CRUEL TRYING TO GET HELP, SOMETIMES IN TEARS OVER YEARS AS i HAVE, BEGGING FOR A CREAM AND ANTI BIOTIC, AND GETTING NOTHING FOR PERIODS OF TIME. i needed somtehing for pain, but would not ask for it, just somthing to ease pain from infections and to help fight the infections.
      I have not been allowed to find out about surgery to remove the mesh almost a year, don’t you know , they know that wuld make even the mildest person get angry? of course they do!

  9. Paula Sbabo says:

    I had a transvaginal in 2011 by my OGBYN that I had been seeing for seven years and had nothing but trouble from the moment it was implanted. It was one of the newer ones by coloplast that no one was suppose to have complications from. One year and one month of my life was lost because of that mesh, the whole time I was being told by my OGBYN that none of the other 400 women he had implanted had any problems and that he couldn’t find anything wrong with me. After I had contacted a law firm I spoke quite often with a medical correspondent at that firm. I told her my doctor had said he didn’t know what was wrong with me and there was nothing he could do. I truly thought I would have to live like that for the rest of my life. She’s the one who told me about a uro gynecologist. Luckily I found one on my own and she was able to get enough of that mesh out of me, so that I was able to function like normal. I grateful that she didn’t sit back and tell me I shouldn’t be having any problems. The mesh should be completely recalled. How many more women will be drawn in by the words of these doctors who seem to all take the same class. Their goal should be the welfare of their patience not protecting the integrity of the mesh. I have to believe the manufacturers of these meshes are lining our doctors pockets or what other reason would they be pushing to implant them in so many women. Each and every woman deserves every dime she gets from having to live this nightmare.

  10. pj says:

    Some women for some reason , cannot get any information about their court date , nothing from their attorney, why?
    THOSE COURTS IN FEDERAL AND BEFORE JUDGE IN RHODE ISLAND CAN BE FOUND, BUT SOME ATTORNEY’S AND STATE COURTS GIVE NOTHING AND THEY ARE MENTIONED AS THOSE STATES IN SUPIOR COURTS WITH CASES, . WHEN YOU CALL OR TRY TO FIND OUT ABOUT YOURS, THEY GET VERY RUDE AND SAY THEY KNOW NOTHING. WHY?

    these are public records of courts that the public have a right to know about , when trial of their own case will be heard. SOMETHING IS WRONG ABOUT THE WOMEN NOT GETTING INFO THEY ARE ENTITLED TO KNOW, NOT THE RUN AROUND, BUT THEIR QUESTIONS ANSWERED BY ATTORNEY’S, .

    STRESS FROM UNANSWERED QUESTIONS, IS A GRAVE WRONG FOR THOSE STATES AND COURT , IN POWER.

  11. Linda Ammons says:

    Francis, I get what you are saying. I too had mesh since Jan 2006 from Ethicon and AMA. The problems started almost immediately. A few months later partial was removed and a product by CR Bard was put in. It has been a nightmare since. I hired my attorney in 2008 and wonder why some of these cases that were done after mine are going to court. How do they make the determination of WHO? and WHY? I have found my case listed with many many others in the NJ federal court and I live in Florida. I wish I had been a little smarter and hired an attorney locally so that I can get answers by just showing up in their office. I call my attorney and he tells me what I want to hear, but never really gives me answers. So Jane, when reading about all of these cases how do we know which state they are coming from? How do they determine what state or what order they go into the court? I am frustrated, because I have had too many surgeries related to the initial implant. Sometimes I just want to give up, throw in the towel and say I quit.

  12. Bejah says:

    Thanks for the reporting Jane. Question occurs to me…how does one know what state one’s case will be filed in. I live in CA but my law firm is in NYC. I contracted with them about three months ago. They have not told me yet what the detail is regarding my case. It is Ethicon. There has only been data gathering, depositions, etc. I have not wanted to ask them anything as they are doing a lot to help me. Would I automatically be involved in this MDL in the east or under what circumstances would ones case be filed in their state of residence I wonder. In my case it is possible that the hospital and physican would also be named which may make a difference in where it is heard OR would there be two separate cases….so many questions (rhetorical) for those of us who are generally unfamiliar with the law. In any event, it appears at this point I am looking at January 2014 I guess. It is helpful for planning. Since I will assume that the courts prefer settlements and try to direct cases to settlement I probably do not need to budget for travel to NYC and a hotel stay of several days…these things are helpful to know especially where expenses can be considerable. If anyone is knowledgeable about any of this I would be very thankful for more information. Thanks.

    Another thought is one related to compensation for damages and punative awards….I am 65 and I am retired BUT I had planned on returning to earn a Ph.D. in Psychology as soon as I paid off my educational debt. It sounds like the court would not consider that at all and instead value my life less because I am “retired” and yet Social Security retirement age has been adjusted up to allow for longer lived persons in the western world. How can this conflict in reasoning be reconciled?

    Thanks all.

    • Jane Akre says:

      Bejah- First of all has your case been filed yet? you absolutely have a right to know which state it will be filed in so you can prepare…perhaps you want to go there to observe other cases. It is perfectly reasonable to ask those questions and get an answer in my opinion. Find a friendly yet knowledgeable person at the firm who will be your point person..Many are offering that person since they get so many calls. Hope that helps. You do not want to miss any statute of limitations so please be mindful of that as well. Your attorney will know that date since it varies for every person and every state.

  13. brenda berry says:

    I HAVE HAD A CLAIM AGAINST ETHICON AND J&J SINCE 2009 ,my claim has been filed in West Virgina courts ,this has been a nightmare for me ,the first month after my mess surgery they were going in and doing repairs ,since then i have had three more surgerys, repairing the damage the mess has caused and removing the mess that is coming thru my flesh at vaginal opening, sex is over for me it is just to painful .my vagina is so shortened and causes severe pain to have sex , it has caused me to be incontinent .due to mess growth into bladder and ureather .just simply devastating..my lawyers are keeping me up dated as much as possible .trials in January will tell a whole lot of what is going to happen ,the bell whether trials are set for then .they will probably determine the fate of the rest of the trials . As of now i am pretty happy with my lawyers ,i live in mo. my lawyers are super lawyers out of Houston ,Texas .what i really think is that the trials in january will determine what the judges will grant to the rest of the cases .good luck to you all and may god bless you greatly

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We hope you find this a helpful resource. National News Editor, Jane Akre, began MDND with the hope of providing the latest news, information and perspective from the regulatory, industry and patient point of view, something that goes under-reported in much of the coverage of medical devices. The public is just now becoming aware that many devices do not undergo the same scrutiny as prescription drugs and are instead grandfathered in under an FDA loophole that has gone largely unchanged since the 1970s. As a result, patients become the post-market clinical trial subjects, and many suffer devastating and permanent injuries.