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Ethicon Media Monitoring 6/22/2018
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Pa. Court Refuses to Overturn $12.9 Million Judgment in Ethicon Transvaginal Mesh Case
Jun 21, 2018 | HarrisMartin
Pennsylvania appellate court has refused to vacate a $12.9 million judgment against Ethicon Inc. and Johnson & Johnson in a Prolift transvaginal mesh case, finding the trial court had jurisdiction over the defendants due to their significant ties to the state. -
Pelvic Mesh Implants Caused Complications among Women in Australia
Jun 21, 2018 | Coherent Times
By Chaitanya Godse
Over 100,000 women in Australia who received pelvic implants to treat complications from childbirth, are suffering from bowel and bladder prolapsing, according to an article published on March 29, 2018. -
Law360's Weekly Verdict: Legal Lions & Lambs
Jun 21, 2018 | Law 360
By Aebra Coe
A Massachusetts jury decided June 14 that Boston Scientific was not at fault for the side effects of its pelvic mesh products and properly warned one of the thousands of women who have sued manufacturers of the transvaginal slings..
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Pa. Court Refuses to Overturn $12.9 Million Judgment in Ethicon Transvaginal Mesh Case
Jun 21, 2018 | HarrisMartin
Pennsylvania appellate court has refused to vacate a $12.9 million judgment against Ethicon Inc. and Johnson & Johnson in a Prolift transvaginal mesh case, finding the trial court had jurisdiction over the defendants due to their significant ties to the state.
In a June 19 opinion, the appellate court also found the evidence supported the trial court’s finding that the plaintiff’s claims were timely, and the jury’s finding of liability on the design defect and failure-to-warn claims.
In 2009, Patricia Hammons was diagnosed with prolapse of her uterus and bladder. Her physician, Michael Baker, D.O., recommended surgical ...
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Story can be found here: https://harrismartin.com/article/23590/pa-court-refuses-to-overturn-129-million-judgment-in-ethicon-transvaginal-mesh-case/
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Pelvic Mesh Implants Caused Complications among Women in Australia
Jun 21, 2018 | Coherent Times
By Chaitanya Godse
Over 100,000 women in Australia who received pelvic implants to treat complications from childbirth, are suffering from bowel and bladder prolapsing, according to an article published on March 29, 2018.
Women in Australia were implanted with a mesh in their pelvic area, as a quick fix for complications from childbirth, however, the aftermath was worse.
A patient reported numbness in her right leg immediately after undergoing the procedure, and reported that the mesh kept cutting her from the inside a few week later.
“The mesh cut through my vagina wall and came through my skin. Any movement, whether I moved my legs or not, felt like a serrated-edge knife was cutting me.” Said Schulz, a 48 year old woman.
Hundreds of other women report similar experiences. A yearlong investigation was carried out, results of which were revealed in March 2018.
The reports recommend that the implant be a last resort and raised concerns that medical practitioners had not adequately informed their patients and overused the procedure without considering alternative treatment options.
“Women that have had those implants, who have those outcomes … have been failed in a monumental way by the system and by certain people in the medical profession who they trusted. I hope that we never have to have another inquiry where we see such suffering from the witnesses.” said Sen. Rachel Siewert, who worked on the report.
Several patients wrote to the Senate, that they were living with pain after the operation, were unable to walk, sit or drive to puncturing their partner during intercourse with a splinter that broke off the implant.
Based on the survey conducted by Vadasz, around 120,000 to 150,000 mesh implant procedures were performed in Australia over the past two decades, and around 70% of the cases were reportedly lacked fully informed consent. Several women said that they were not even informed that a mesh would be implanted into their bodies by the procedure.
https://www.coherenttimes.org/pelvic-mesh-implants-caused-complications-among-women-in-australia/
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Law360's Weekly Verdict: Legal Lions & Lambs
Jun 21, 2018 | Law 360
By Aebra Coe
Gibson Dunn & Crutcher LLP and Foley & Lardner LLP secured the title of top legal lions this week, winning a favorable decision at the U.S. Supreme Court for a Canadian railroad company in a $13.3 million dispute with the IRS, while legal lamb Brann & Isaacson did not fare so well at the same court in a separate tax fight over internet retailers' duty to collect state sales and use taxes.
Legal Lions
In a victory that transported Gibson Dunn & Crutcher LLP and Foley & Lardner LLP to the top of this week’s list of legal lions, the U.S. Supreme Court on Thursday decided that stock options given to employees of several subsidiaries of the law firms' client, a Canadian railroad company, are not taxable compensation under the Railroad Retirement Tax Act, reversing the Seventh Circuit in a $13.3 million lawsuit against the Internal Revenue Service. Canadian National Railway and its subsidiaries are represented by William J. McKenna, Jonathan W. Garlough, David T. Ralston Jr. and Richard F. Riley Jr. of Foley & Lardner LLP and Thomas H. Dupree Jr. and Rajiv Mohan of Gibson Dunn & Crutcher LLP.
AT&T Inc. said June 14 that it has closed its $85.4 billion deal for Time Warner Inc., after the U.S. Department of Justice agreed not to seek a stay of the D.C. district court ruling that rejected the government's merger challenge earlier this week — a victory for attorneys who had been working on the deal at O’Melveny & Myers LLP, Gibson Dunn & Crutcher LLP and Cravath Swaine & Moore LLP. AT&T, Time Warner and DirecTV are represented by Daniel M. Petrocelli, M. Randall Oppenheimer and Katrina M. Robson of O'Melveny & Myers LLP. AT&T and DirecTV are also represented by Robert C. Walters and Michael L. Raiff of Gibson Dunn & Crutcher LLP. Time Warner is also represented on antitrust matters by Peter T. Barbur, Julie A. North, Kevin J. Orsini, Christine A. Varney and Margaret Segall D'Amico of Cravath Swaine & Moore LLP.
Next up on the lions list are Glaser Weil Fink Howard Avchen & Shapiro LLP, Irell & Manella LLP and Parker Bunt & Ainsworth PC. The three law firms landed a $400 million jury verdict June 15 for the intellectual property arm of a South Korean research university in a case accusing Samsung Electronics Co. Ltd., Qualcomm Inc. and GlobalFoundries Inc. of infringing a patent related to semiconductor technology. KAIST IP is represented by Andrew Y. Choung, Rex Hwang, Desmond Jui, Thomas Burke, and Guy M. Rodgers of Glaser Weil Fink Howard Avchen & Shapiro LLP, Jason Sheasby and Charlotte Wen of Irell & Manella LLP, and Charles Ainsworth and Robert Christopher Bunt of Parker Bunt & Ainsworth PC.
A Massachusetts jury decided June 14 that Boston Scientific was not at fault for the side effects of its pelvic mesh products and properly warned one of the thousands of women who have sued manufacturers of the transvaginal slings, a win for the company’s attorneys at Murphy & Riley PC, Tanenbaum Keale LLP and Shook Hardy & Bacon LLP. Boston Scientific is represented by Susan Donnelly Murphy and Lisa Oliver White of Murphy & Riley PC, James H. Keale of Tanenbaum Keale LLP and Andrea Steele of Shook Hardy & Bacon LLP.
Rounding out this week’s legal lions list is Goldman Ismail Tomaselli Brennan & Baum LLP, which on June 14 landed a jury verdict in favor of client AbbVie Inc. in a trial over claims its drug AndroGel caused a man's deep vein thrombosis, handing the company a win in the fifth bellwether trial in the testosterone replacement therapy multidistrict litigation. AbbVie is represented by Tarek Ismail, Shayna S. Cook and Andrew J. Rima of Goldman Ismail Tomaselli Brennan & Baum LLP.
Legal Lambs
First up on this week's lambs list is a defeat at the U.S. Supreme Court for Brann & Isaacson. Internet retailers can now be required to collect sales and use tax in states in which they lack a physical presence, the Supreme Court ruled Thursday in South Dakota's closely watched case against Wayfair, overturning 26 years of precedent barring states from taxing out-of-state sellers. Wayfair and the other retailers are represented by George Isaacson of Brann & Isaacson.
The Federal Circuit ruled Wednesday that The Coca-Cola Co. might not be able to register its "Zero" brand as a trademark, ordering more proceedings on whether it's just a generic term for calorie-free soda, dealing a blow to Coca-Cola's attorneys at King & Spalding LLP. Coca-Cola is represented by Bruce W. Baber, Kathleen E. McCarthy and Emily B. Brown of King & Spalding LLP.
Next up on the lambs list is Murray Law Group PC. On Wednesday, the Sixth Circuit reviveda former Chrysler employee's suit over the denial of his bid for an early retirement supplement, holding that the worker didn't need to prove that the company intended to deceive in order to seek a rewrite of the plan. The Chrysler Group LLC Pension Plan is represented by William E. Altman of the Murray Law Group PC.
Barnes & Thornburg LLP and Covington & Burling LLP landed on the list June 14 when the Federal Circuit ruled that health insurance companies are not entitled to billions of dollars in Affordable Care Act funding that Congress has withheld. Land of Lincoln Mutual Health Insurance Co. is represented by Barnes & Thornburg LLP. Moda Health Plan Inc. is represented by Covington & Burling LLP.
Last up on this week’s list of legal lambs is Sheppard Mullin Richter & Hampton LLP. The Ninth Circuit on Tuesday overturned $13,000 in sanctions assessed against Allstate by a magistrate judge in a medical billing case but upheld the sanctions against the insurer's Sheppard Mullin attorney, saying Allstate was not responsible for her conduct.
--Additional reporting by Bill Donahue, Jeff Overley, Rick Archer, Danielle Nichole Smith, Maria Koklanaris, Matthew Perlman, Diana Novak Jones, Amy Lee Rosen, Dave Simpson and Alison Noon. Editing by John Campbell.https://www.law360.com/articles/1056189/law360-s-weekly-verdict-legal-lions-lambs
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