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Mesh News Desk Files Brief to Stay in Court as Sheerer Pelvic Mesh Trial Resumes
Jan 3, 2016 | Mesh Medical Device News Desk
By Jane Akre
Sherrer v Boston Scientific and C.R. Bard, Mesh News Desk Motions to Regain Coverage Access -
Welcome 2016 and Let the Trials Begin!
Jan 3, 2016 | Mesh Medical Device News Desk
By Jane Akre
Wishing you all a year of peace, healing and resolution! Certainly all of the mesh-injured patients and families deserve no less.
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
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Mesh News Desk Files Brief to Stay in Court as Sheerer Pelvic Mesh Trial Resumes
Jan 3, 2016 | Mesh Medical Device News Desk
By Jane Akre
Sherrer v Boston Scientific and C.R. Bard, Mesh News Desk Motions to Regain Coverage Access
On December 24, Mesh News Desk and Independent News Group LLC, which owns this online news and information site, filed a brief with the court in Kansas City where the Sherrer pelvic mesh trial naming defendants Boston Scientific and C.R. Bard Co. had been delayed until after the holidays.
The case is Sherrer v. Truman Medical, 16th Judicial Circuit Court of Missouri. Case No. 1216-CV27879
The motion seeks to regain access to the pool camera in the courtroom supplied by Courtroom View Network (CVN) so coverage of the trial can continue on Mesh News Desk (MND).
You may access the December 24, 2015 Motion here.
Three weeks ago the defense attorneys representing C.R. Bard and Boston Scientific asked Judge Robert M. Schieber to have cameras removed from the courtroom. One defense attorney in particular did not like a comment directed at her. It did not cross the line of editorial standards established byMesh News Desk so it was published. It has since been removed as a conciliatory gesture by Mesh News Desk’s editor and this author, Jane Akre.
In defense of the courtroom pool camera operated by Courtroom View Network, an attorney for CVN wrote,
“Trials are inherently public events, and attorneys representing large, publicly traded corporations at a multi-million dollar product liability trial involving medical devices alleged to have injured thousands of women nationwide can and should expect to be the subject of news media coverage and public discussion, whether in print on social media sites or around the local coffeehouse counter, which may not always be flattering.” ~ Attorney Jean Maneke
While the comment directed at defense is inflammatory, as are others from time to time, they do not interfere with a plaintiffs’ ability to have a fair trial or violate any courtroom guidelines, according to Court Operating Rule 16 here. Additionally, MND has a policy for editing comments here.
Jurors in any trial are instructed by the judge not to access media during trial proceedings, or to go online, so it is unlikely any member of the jury saw the comments or have read any coverage.
On December 7th the judge allowed CVN to stay in the courtroom but discontinued the MND access to the pool camera, which allows this site to cover pelvic mesh trials remotely as it has done previously when your editor is not in the courtroom. See background story here.
Kansas City attorney Jim Griffin (Scharnhorst Ast Kennard Griffin, PC ) has filed the brief on behalf of your editor and Mesh News Desk.
The Sheerer trial is particularly interesting because one plaintiff, Eve Scherrer, a RN for 33 years, was implanted with two pelvic meshes – the Align S, made by C.R. Bard, along with the Solyxmade by Boston Scientific (BSX). There have been no previous trials that pitted a single plaintiff against two defendants at the same time.
Two weeks ago, the trial was adjourned until after the holidays. It will begin again Monday morning, January 4, 2016 at which time Griffin will be in court expecting to be heard with his motion before Judge Schieber. Stay tuned!
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Welcome 2016 and Let the Trials Begin!
Jan 3, 2016 | Mesh Medical Device News Desk
By Jane Akre
Wishing you all a year of peace, healing and resolution! Certainly all of the mesh-injured patients and families deserve no less.
2016 is beginning with a rush of pelvic mesh trials in Pennsylvania, in Dallas, and in New Jersey. Figueroa versus Boston Scientific will begin in the first week of January and the Sherrer case against Boston Scientific and C.R. Bard will continue after a holiday recess.
January 11, a number of TVT (transvaginal tape) cases will begin against Ethicon in New Jersey and Ethicon (Johnson & Johnson) will face a series of trials in Pennsylvania.
All of this action comes after a very slow 2015 in which many of you wondered if you would ever see any settlement compensation for your mesh injuries.
Mesh News Desk is looking for Court Watchers in Dallas, Kansas City, Bergen County, New Jersey and in Philadelphia. Please don’t hesitate. Any set of eyes is helpful and you will be fascinated by watching one of these proceedings if you have not so far.
Thank you Mesh News Desk readers for hanging in there. I’m always looking for your submissions and guest editors are welcome on any topic you’d like to handle.
Personal Profiles are always welcome, though your attorney will have to agree.
For those of you considering having a pelvic mesh implant, or a hernia mesh implant for that matter, please ask your doctor if he or she knows how to do an alternative procedure. Unless and until one can predict who will react negatively, the Precautionary Principle is advised. These pages will attest to that.
Onward Friends!
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