Preview Newsletter
Ethicon Media Monitoring 10/17/2017
-
Phila. Judge Limits New Discovery in Pelvic Mesh Jurisdiction Dispute
Oct 16, 2017 | The Legal Intelligencer
By Max Mitchell,
The judge overseeing the pelvic mesh mass tort in Philadelphia has agreed to let the plaintiffs perform limited additional depositions related to a jurisdictional dispute that recently reignited in the wake of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb v. Superior Court of California. -
Deeside politicians welcome parliamentary debate on the use of mesh
Oct 17, 2017 | Deeside.com
Politicians have welcomed news of a parliamentary debate on the use of mesh tape in operations to cure prolapse, incontinence and hernia.
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
-
Phila. Judge Limits New Discovery in Pelvic Mesh Jurisdiction Dispute
Oct 16, 2017 | The Legal Intelligencer
By Max Mitchell,
The judge overseeing the pelvic mesh mass tort in Philadelphia has agreed to let the plaintiffs perform limited additional depositions related to a jurisdictional dispute that recently reignited in the wake of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb v. Superior Court of California.
Philadelphia Court of Common Pleas Judge Arnold New on Oct. 13 granted defendant Ethicon’s motion for a protective order that sought to block the plaintiffs from taking additional depositions about the mesh-maker’s relationship with one of its materials suppliers. The ruling, however, also allowed the plaintiffs to depose both a corporate designee and the strategic sourcing manager for Ethicon, which is facing more than 100 pelvic mesh cases in Pennsylvania state court.
Shanin Specter of Kline & Specter, who is representing the plaintiffs, said in an emailed statement he was pleased with New’s ruling.
“We’re glad Judge New ordered the depositions to go forward,” Specter said. “To paraphrase Joe Louis, Johnson & Johnson ‘can run but they can’t hide.’”
The discovery dispute stems from arguments over how the decision in Bristol-Myers Squibb should affect the pelvic mesh mass tort program in Philadelphia. That Supreme Court ruling, which some have referred to as a “game-changing” decision for state court mass tort programs, made clear that out-of-state plaintiffs can’t sue companies where the defendants aren’t considered to be “at home,” or haven’t conducted business directly linked to the claimed injury.
Ethicon, which is based in New Jersey, has argued that Bristol-Myers Squibb means 90 cases that were filed in Philadelphia court by out-of-state plaintiffs should be tossed, which would leave 30 cases pending in the state court program.
The plaintiffs, however, have pointed to the fact that biomaterials supplier Secant, which is located in Bucks County, manufactured the plastic mesh materials used in the mesh implants, and contend that this relationship is significant enough for Pennsylvania courts to have jurisdiction over the mass tort.
Earlier this month, Ethicon cried foul after the plaintiffs issued deposition notices aimed at gathering additional information about the relationship between Ethicon and Secant. The notices had been issued after New called for additional briefing to specifically address the extent to which Secant is the exclusive provider of Ethicon’s pelvic mesh devices, and, if Ethicon uses other mesh providers, whether it is possible to determine if a particular device contains materials provided by Secant.
Ethicon had argued that, along with being filed too late, the notices constituted unreasonable annoyance and harassment and imposed an undue burden for the company.
“They are completely unnecessary, too, because defendants, as well as Secant, have already provided thousands of pages of discovery on these topics,” Ethicon said in a brief filed Sept. 29 by Drinker Biddle & Reath attorney Melissa Merk.
In a response to Ethicon’s motion to quash, Kline & Specter attorney Lee Balefsky wrote that there is, in fact, enough documentation to support the plaintiffs’ contention that Secant provided the materials to Ethicon, but that affidavits between Secant and Ethicon employees would provide more insight into the relationship between the two companies and the manufacturer of the mesh.
A spokeswoman for Ethicon, which is a J&J subsidiary, did not return a message for comment prior to the publication deadline.
http://www.thelegalintelligencer.com/id=1202800567629/Phila-Judge-Limits-New-Discovery-in-Pelvic-Mesh-Jurisdiction-Dispute?mcode=1202617075166&curindex=0
-
Deeside politicians welcome parliamentary debate on the use of mesh
Oct 17, 2017 | Deeside.com
Politicians have welcomed news of a parliamentary debate on the use of mesh tape in operations to cure prolapse, incontinence and hernia.Alyn and Deeside AM Carl Sargeant has been campaigning to suspend mesh use in Wales in support of constituent Maxine Cooper of Connah’s Quay. She has suffered years of excruciating complications after her mesh procedure and is slowly recovering after a removal operation.
Mr Sargeant is delighted to hear that Labour MP Emma Hardy has secured a debate on Wednesday, October 18, 9.30am-11am.
He said: “It’s fantastic that Emma Hardy has secured this debate, something Owen Smith MP and the Sling the Mesh campaign group have been trying hard for.
“Emma, Owen and I all have constituents whose lives have been blighted by mesh. Anything we can do to keep this issue in the public eye and get mesh suspended is very welcome.”
Maxine is one of many mesh victims across the UK – the Sling the Mesh Campaign group has a staggering 3,491 members at the time of going to press. She is too ill to travel to London for the debate so is pleased that her MP Mark Tami will be there to represent her.
Mr Tami said: “I am very pleased that my Labour colleague has managed to secure a debate on the risk of surgical mesh implants.
“Emma has heard tragic stories from her constituents, very much like myself, and agrees that these women should not suffer in silence.
“I will be attending the debate and representing constituents who are unable to attend, raising their concerns.
“We need to continue to raise awareness of the risks of vaginal mesh and debates like these are important as they keep it on the Government’s agenda.
“I’m glad this is finally being taken seriously with so many people pledging their support to the Sling the Mesh Campaign, I hope that the Government recognises the strength of feeling towards this and calls for a public inquiry into the use of mesh.”
http://www.deeside.com/deeside-politicians-welcome-parliamentary-debate-use-mesh/
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
Add recipients
Suggested