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Ethicon June 22
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MDL Judge Urged To Move Ethicon, Bard Mesh Suits To Philly
Jun 19, 2015 | Law360
By Matt Fair
Hundreds of plaintiffs suing C.R. Bard Inc. and Ethicon Inc. over alleged injuries from pelvic mesh implants have asked that their cases be moved from a crowded West Virginia multidistrict litigation program into Pennsylvania federal court so that their claims can be dealt with more quickly. -
J&J’s Ethicon Vaginal Mesh Lawsuits Look to Consolidation
Jun 18, 2015 | Top Class Actions
By Melissa LaFreniere
Plaintiffs in one of the largest vaginal mesh litigation movements against Johnson & Johnson’s Ethicon division are seeking court approval to establish multiple and consolidated trials in order to resolve the 30,000 pelvic mesh claims. The request comes after both parties appear to be no closer to reaching a transvaginal mesh lawsuit... -
Surgery Not Always Necessary For Urinary Incontinence
Jun 20, 2015 | The Buffalo News
By Dr. Anita Chen
Dear Mayo Clinic: I’m 43 and have had trouble with urinary incontinence since having my fourth child at 41. It seemed manageable until about six months ago, when I started to notice it happening more frequently. At what point should I consider surgery? A: Urinary incontinence is a common problem for women, especially after pregnancy... -
Healthy Oshkosh: Urinary Incontinence A Common Problem
Jun 21, 2015 | The Northwestern
Urinary incontinence is the loss of bladder control and is a very common problem. According to Dr. Jeremy Bell, Affinity Medical Group, the severity of incontinence ranges from an occasional leak to feeling the urge to urinate so strongly that you don't get to the bathroom in time.
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MDL Judge Urged To Move Ethicon, Bard Mesh Suits To Philly
Jun 19, 2015 | Law360
By Matt Fair
Hundreds of plaintiffs suing C.R. Bard Inc. and Ethicon Inc. over alleged injuries from pelvic mesh implants have asked that their cases be moved from a crowded West Virginia multidistrict litigation program into Pennsylvania federal court so that their claims can be dealt with more quickly.
The Philadelphia-based Kline & Specter PC argued on Wednesday that clients it represents in some 570 cases spread across two separate MDLs against Bard and Ethicon should have their claims moved to Pennsylvania given the extensive backlog faced by the West Virginia federal court.
“Given the large case inventory and the unlikelihood of a prompt adjudication of their claims, plaintiffs respectfully suggest that transfer is proper at this time and request that their cases be transferred to the [Eastern District of Pennsylvania] for all further proceedings and trial,” the firm said in a motion filed in connection with the cases against Ethicon.
Seven separate MDLs comprising some 70,000 cases are pending in West Virginia over alleged pelvic mesh implant injuries. Johnson & Johnson’s Ethicon subsidiary by itself is facing about 23,000 as part of its MDL, according to court records.
J&J agreed to settle a bellwether case in the MDL in March after five days of trial. The settlement came on the heels of a $3.3 million verdict against the company in the MDL in another bellwether case in September. However, the company won the first bellwether case it faced in the MDL after a judge issued a directed verdict last February.
Another trial against J&J in its MDL is scheduled to get underway in August, according to court records.
U.S. District Judge Joseph Goodwin issued an order earlier this month consolidating another 26 of the J&J cases for a trial expected to get underway in November. Those suits involve West Virginia plaintiffs who had surgery in the state to implant the company’s so-called TVT mesh device, according to court records.
Kline & Specter said in its filing that discovery in the J&J MDL had been “substantially completed” and that the time had come to move its 414 cases against the company to Pennsylvania for trial. The firm noted that, absent the consolidation of the cases in the MDL in West Virginia, its clients would have been able to bring their claims in Pennsylvania.
According to court records, there are currently some 10,000 cases pending against Bard in its own MDL in West Virginia. Kline & Specter is seeking to transfer 155 of its cases against the company to Pennsylvania.
Bard was hit earlier with a $2 million verdict in the MDL in August 2013, according to court documents.
Similar to its argument in seeking transfer of the Ethicon cases, Kline & Specter argued in a court filing on Wednesday that its clients with claims against Bard were unlikely to see resolution anytime soon.
“Due to the volume of cases in this MDL and their pace of resolution, it is not likely that plaintiffs’ cases will be timely tried and plaintiffs will thus be denied a reasonably prompt adjudication of their claims,” the firm said.
Attorneys for Ethicon and Bard did not immediately return messages seeking comment on Friday.
Kline & Specter is currently representing about 180 clients in Pennsylvania state court in pelvic mesh injury cases, according to court records.
The plaintiffs are represented by Thomas Kline, Shanin Specter, Lee Balefsky, and Michelle Tiger of Kline & Specter PC.
Ethicon is represented by David B. Thomas of Thomas Combs & Spann PLLC.
Bard is represented by Lori G. Cohen and R. Clifton Merrell of Greenberg Traurig LLP and Michael K. Brown of Reed Smith LLP.
The cases are In Re: C.R. Bard Inc. Pelvic Repair Systems Product Liability Litigation, case number 2:10-md-02187, and In Re: Ethicon Inc. Pelvic Repair Systems Product Liability Litigation, case number 2:12-md-02327 both in U.S. District Court for the Southern District of West Virginia. -
J&J’s Ethicon Vaginal Mesh Lawsuits Look to Consolidation
Jun 18, 2015 | Top Class Actions
By Melissa LaFreniere
Plaintiffs in one of the largest vaginal mesh litigation movements against Johnson & Johnson’s Ethicon division are seeking court approval to establish multiple and consolidated trials in order to resolve the 30,000 pelvic mesh claims. The request comes after both parties appear to be no closer to reaching a transvaginal mesh lawsuit settlement agreement but desire the cases to move through the court system in a timely manner.
The Plaintiff’s Steering Committee proposed a motion that would consolidate cases based on “product-specific, geographically compatible, trial-ready cases.” The motion alleges that if the court can address the consolidated trials, they can quickly establish values for the other cases that involve Johnson & Johnson’s Ethicon transvaginal mesh product.
The motion further proposed that if a settlement cannot be reached by that approach, then the process could extend its reach to include consolidated trials of different products in additional jurisdictions. Vaginal mesh plaintiffs claim that “this approach allows the largest possible number of plaintiffs to see their day in court while simultaneously moving the litigation as a whole forward toward a fair and expeditious resolution.”
The case management order comes just days after U.S. District Judge Joseph Goodwin, who is presiding over the mass tort, encouraged settlement discussions, suggesting that Ethicon could lose billions of dollars if every one of the 30,000 cases go to court. The other concern over the large number of pending lawsuits is that only a few thousand civil jury trials can take place each year which means it could be years, and even decades, if each case faced a jury. Vaginal Mesh Complications
Vaginal mesh and bladder slings were designed and marketed to women who sought treatment for pelvic organ prolapse, a condition that can occur after childbirth, menopause, or undergoing a hysterectomy. However, thousands of women have reported the product caused extremely painful side effects and often had to be surgically removed.
Some of the transvaginal mesh problems that plaintiffs have reported include bladder infections, vaginal infections, painful sexual intercourse, perforated bladder, perforated bowel and blood vessels, urinary problems, and multiple occurrences of pelvic organ prolapse.
Ethicon is not the only bladder sling manufacturer under scrutiny for alleged complications. More than 50,000 other lawsuits are pending against other transvaginal mesh makers with similar claims. Bladder Sling Lawsuits
A recent surgical mesh lawsuit case list reported that Judge Goodwin is overseeing 25,024 Ethicon cases, 16,425 Boston Scientific vaginal mesh lawsuits, 10,763 Bard Avaulta cases, 1,935 Coloplast mesh lawsuits, 299 Cook Medical cases, and 86 Neomedic vaginal mesh lawsuits. Only bladder mesh sling manufacturer Endo International has agreed to settle nearly all of the 20,000 AMS vaginal mesh lawsuits with a $1.6 billion pay out.
Transvaginal mesh attorneys seek to recover financial compensation for victims of bladder sling complications. Economic restitution can help families pay off medical bills and reimburses them for loss of work as well as the pain and suffering involved with serious complications. Spouses can also join bladder sling lawsuits as co-plaintiffs and sue for loss of consortium which often increases the settlement award.
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Surgery Not Always Necessary For Urinary Incontinence
Jun 20, 2015 | The Buffalo News
By Dr. Anita Chen
Dear Mayo Clinic: I’m 43 and have had trouble with urinary incontinence since having my fourth child at 41. It seemed manageable until about six months ago, when I started to notice it happening more frequently. At what point should I consider surgery?
A: Urinary incontinence is a common problem for women, especially after pregnancy and childbirth. Surgery usually can effectively eliminate urinary incontinence, but less invasive treatment options are available that you can try before turning to surgery.
Urinary incontinence, or loss of bladder control, affects about half of all women at some point during their lifetimes. Factors that increase the risk of urinary incontinence include age, childbirth and pelvic floor muscle weakness.
Although there are several different types of urinary incontinence, the kind that women in your situation most often have is stress incontinence. With stress incontinence, urine leaks when pressure or stress is placed on the bladder, such as when you cough or sneeze, when you lift something heavy, or when you exercise.
During a medical evaluation of urinary incontinence, your doctor will talk with you about your medical history and your symptoms. The appointment will likely include a physical exam that involves checking the strength and tone of your pelvic floor muscles, as well as assessing the support of your pelvic organs, particularly those of the bladder and urethra.
A urinalysis usually is part of the initial assessment. This lab test analyzes a sample of your urine to check for a medical condition that could be causing urinary incontinence. A urinary tract infection, for example, can often trigger loss of bladder control. If an underlying problem is detected, treating that condition may eliminate urinary incontinence.
To further assess your situation, your doctor may ask you to keep a diary for several days that tracks your bladder habits and symptoms. In this log, you record how often you urinate, the number of leaks you have, and the amount and types of fluid you drink. Based on that, your doctor may recommend you try timed voids or change the type or amount of fluid you drink.
If your evaluation shows that stress incontinence is the problem, the first step in therapy may include exercises to help strengthen your pelvic floor muscles. Also, if your pelvic floor muscles are weak, a device called a pessary may be useful. It is placed in the vagina to support the bladder and bladder neck.
Injectable bulking agents can be used to treat stress incontinence, too. Bulking agents are materials injected into tissue surrounding the urethra. They help keep the urethra closed and reduce urine leaks. The injection is usually done in a doctor’s office and takes only a few minutes. This procedure may be helpful for women who cannot have or do not want surgery, but who have tried other medical treatment without success.
If symptoms persist after conservative therapy, the next step would be to consider surgical treatment. Surgery offers high cure rates for urinary incontinence, but it is invasive. Several surgical approaches are available.
For example, a sling procedure uses strips of your body’s tissue, synthetic material or mesh to create a pelvic sling or hammock around your bladder neck and urethra. The sling helps keep the urethra closed, especially when you cough or sneeze. Another option is a bladder neck suspension. This surgery provides added support to the urethra and bladder neck – the area where the bladder connects to the urethra. The process of deciding on a surgical procedure depends on several factors, including whether or not there is associated pelvic organ prolapse that needs to be corrected.
Before you consider surgery, make an appointment to see your doctor to have your condition thoroughly evaluated. Based on that evaluation, you can make a treatment plan that fits your needs.
Dr. Anita Chen specializes in female pelvic medicine at the Mayo Clinic in Jacksonville, Fla.
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Healthy Oshkosh: Urinary Incontinence A Common Problem
Jun 21, 2015 | The Northwestern
Urinary incontinence is the loss of bladder control and is a very common problem. According to Dr. Jeremy Bell, Affinity Medical Group, the severity of incontinence ranges from an occasional leak to feeling the urge to urinate so strongly that you don't get to the bathroom in time.
"A lot of people feel embarrassed talking with their doctor about this issue," said Bell. "Therefore, it's a very underdiagnosed and under-reported problem."
Bell explains there are generally three types of incontinence: urge incontinence, stress incontinence and a combination of the two.
According to Bell, urge incontinence is when the muscle in the bladder spasms involuntarily and there is a strong urge to urinate. The bladder is full, and a leak occurs before a person is able to reach the restroom. This can include overactive bladder, which is a condition where you have a strong urge to urinate, you use the bathroom a lot, but there are no leaks.
Stress incontinence is a loss of support of the muscles of the pelvic floor. People may leak when they cough, sneeze, laugh or exercise. Stress incontinence risk increases when there is muscle or ligament damage during childbirth.
Other factors that increase risk of developing urinary incontinence include gender, age, being overweight and other chronic diseases. Women are more likely to suffer from this condition due to pregnancy, childbirth, menopause and normal female anatomy. Men with prostate gland problems are also at increased risk of urge and overflow incontinence.
As we age, the muscles in the bladder and urethra lose strength. Reduction in how much the bladder is able to hold also occurs with age and increases the chances of involuntary release of urine. Extra weight puts additional stress of the bladder and surrounding muscles, which weakens them and allows urine to leak. Neurological disease or diabetes also increases risk of incontinence.
"Pregnancy, smoking, being overweight, delivering a large baby, and pushing for two or more hours during childbirth may also increase your risk for incontinence," said Bell.
"Three to 17 percent of people will experience incontinence symptoms. People should see their doctor when it begins to affect your quality of life," said Bell. A doctor visit for incontinence will more than likely consist of a medical history questionnaire, physical exam, and if necessary a urodynamic study may be done. "A urodynamic study is when the bladder is filled and testing is done to see how the bladder responds to the volume."
Bell recommends the following treatment methods. Kegel exercises can be done on your own and strengthen the muscles of the pelvic floor.
"Kegel exercises have been shown to reduce symptoms by 60 to 80 percent if done correctly and consistently," said Bell.
Medicines or anticholinergies, relax the bladder muscles and reduce the urge of nighttime urination and reduces accidents. Pelvic floor physical therapy is also recommended for stress incontinence where the patient is introduced to multiple modalities, muscle strengthening exercises, biofeedback and electrical stimulation.
There are surgical procedures also available to patients with incontinence. Interstim is an implantable device that regulates the nervous stimulations of the bladder. This can be used for urge incontinence for those that have failed previous medical therapies.
A sling procedure is very effective and uses strips of your body's tissue, or synthetic mesh material to create a pelvic sling around your urethra and the area of the thickened muscle where the bladder connects to the urethra (bladder neck). The sling helps support the urethra, especially when you cough or sneeze preventing leaking. Sling procedures are used to treat stress incontinence.
Urinary incontinence isn't always preventable, however ways to help decrease your risk include maintaining a healthy weight, practicing pelvic floor exercises, avoiding bladder irritants such as caffeine and acidic foods, and eating more fiber, which prevents constipation.
If urinary incontinence is affecting your daily living, don't hesitate to contact your doctor. For most people, simple lifestyle changes or medical treatment can ease discomfort or stop incontinence.
Molly Yatso Butz is the community health and wellness director for the Oshkosh Community YMCA.
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