Preview Newsletter
Ethicon Media Monitoring 8/24/2018
-
Full Court shrinks class size in Ethicon pelvic mesh class action
Aug 23, 2018 | Lawyerly
By Miklos Bolza
The Full Federal Court has handed Johnson & Johnson unit Ethicon a victory in the class action over its allegedly defective vaginal mesh devices, partly... -
Mo. Appeals Court Awards Sherrer New Bard Pelvic Mesh Trial
Aug 24, 2018 | Mesh Medical Device News Desk
By Jane Akre
Eve Sherrer lost both of her cases against Boston Scientific and C.R. Bard in 2016. Now an appellate court has opened the door and granted her a new trial against Bard. -
Hull women living with 'indescribable pain' after receiving controversial vaginal mesh implant
Aug 23, 2018 | Hull Daily Mail
By Hannah Robinson
A Hull woman’s life has been “turned upside down” after a procedure for incontinence left her in debilitating pain.
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
-
Full Court shrinks class size in Ethicon pelvic mesh class action
Aug 23, 2018 | Lawyerly
By Miklos Bolza
The Full Federal Court has handed Johnson & Johnson unit Ethicon a victory in the class action over its allegedly defective vaginal mesh devices, partly...
Access to full text unavailable – subscription required.
Story can be found here: https://www.lawyerly.com.au/full-court-shrinks-class-size-in-ethicon-pelvic-mesh-class-action/#
-
Mo. Appeals Court Awards Sherrer New Bard Pelvic Mesh Trial
Aug 24, 2018 | Mesh Medical Device News Desk
By Jane Akre
Eve Sherrer lost both of her cases against Boston Scientific and C.R. Bard in 2016. Now an appellate court has opened the door and granted her a new trial against Bard.
The pelvic mesh trial of Eve Sheerer was notable in a number of ways.
The Kansas City, Mo case was the first trial of a plaintiff accusing two companies of producing defective polypropylene mesh she was implanted with to treat incontinence.
Image: Eve Sherrer, Art by Akre
It was the longest mesh product liability trial and was also the only trial this publication, Mesh News Desk, was thrown out of covering after complaints by defense.
This week, a Missouri appellate court granted Sherrer a new trial in her allegations that she was injured by pelvic mesh made by C.R. Bard.
The court ruled the trial court committed erroneously barred evidence of Bard’s previous criminal convictions that should have been allowed even though it involved a different medical device.
THE ALLEGATIONS
Eve Sherrer v. Truman Medical Center inc, et al., [#1216-CV27897] began in December 2015. The 62-year old nurse received two polypropylene pelvic meshes to treat her incontinence.
She underwent a revision surgery in January 2011 to removed two-thirds of a Boston Scientific Solyx mesh but had a C.R. Bard small-pore Align multi-incision mid-urethral mesh sling implanted.
Three years later, surgery by urologist Dr. Shlomo Raz at UCLA, included removal of the Align and the rest of the Solyx. She became one of more than 100-thousand U.S. woman to filed a defective product lawsuit against both manufacturers.
But on February 2, 2016, after a nine-week product liability trial, Sherrer suffered a courtroom loss. Jurors rejected her claims that the mesh was so stuff for use in human tissue that she now had difficulty walking, pain and a “nonfunctional vagina.”
Her legal team had asked for an award up to $28 million in damages.
Instead, the defense blamed Sherrer’s pain on arthritis in her hip and other medical conditions. And an attorney for Boston Scientific accused Dr. Raz of causing more harm than good in the removal surgery.
The Honorable Robert M. Scheiber presided over the trial.
Sherrer was represented by Tom Cartmell of Wagstaff & Cartmell and Grant David of David Bethune & Jones. Boston Scientific was represented Shook Hardy Bacon attorneys, Robert Adams and Hildy Sastre, and Lori Cohen of Greenberg Traurig represented C.R. Bard.
CRIMINAL CONVICTIONS
On Tuesday, August 21, the Missouri Court of Appeals in St. Louis granted Ms. Sherrer a new defective product trial against medical device maker, C.R. Bard alone.
“Because the trial court committed reversible error in excluding evidence relevant to impeach Bard, the judgment in favor of Bard and against Sherrer is reversed, and this matter is remanded for a new trial as to Bard. The judgment in favor of Boston scientific is affirmed.”
What was excluded?
In 1994 Bard pled guilty to 391 counts of conspiracy false statements, mail fraud and adulterated product. It was required to pay criminal fines of more than $30 million. The issue involved heart catheter devices.
Bard argued to the court that information was irrelevant, dated and involved a different medical device, while Sherrers’ team argued bad acts, even by a corporation, should be introduced to contradict evidence presented by Bard of its good corporate character.
Ultimately the plaintiff was not allowed to introduce Bard’s criminal conviction while Bard told jurors about its good corporate character during opening statements.
The appellate court says the trial court committed reversible error when it disallowed the plaintiff to cross-examine the COO of Bard, John Weiland, about the company’s prior criminal convictions.
The appellate court also decided that the trial court abused its discretion when it permitted the mesh makers to impeach Sherrer using her allegations in her original complaint about the doctor’s failure to anchor the Solyx as directed by the manufacturer.
The unattached anchor was reported to have been digging its way through the vaginal wall.
The Sherrer team had called for a mistrial when during the case Bard displayed a power point slide that included her settlement with her medical provider hospitals, Truman Medical Center and University Physician Associates. The trial court found the jury was unlikely to see the settlement slide because it was displayed so briefly. Defendant said it was an older version of a timeline that was not corrected by the technology team to remove the reference to settlement.
That did not constitute prejudice and did not warrant a mistrial said the judge.
MESH NEWS DESK
The Sherrer trial was also notable because it was the first time Mesh News Desk and your editor was thrown out of covering the proceedings, as we’ve done for a half dozen other trials through a feed from Courtroom Network Network (CVN). Bard attorney, Lori Cohen complained to the judge that her picture and contact information were on Mesh News Desk, despite the fact that is prominently displayed on her law firms’ website.
Cohen also complained that a reader made,”some threatening comments directed towards Ms. Cohen. A little bit towards me,” complained Mr. Adams.
Your editor hired a Kansas City lawyer to try and have her Courtroom View Network feed restored but the judge declined the access to MND while allowing CVN to remain the camera in the courtroom.
The court said it would “discontinue access to the advocacy organization” even though in the brief filed on behalf of Mesh News Desk, it stated that editor, Akre has more than 20 years working as a journalist in mainstream media.
https://www.meshmedicaldevicenewsdesk.com/mo-appeals-court-awards-sherrer-new-bard-pelvic-mesh-trial/
-
Hull women living with 'indescribable pain' after receiving controversial vaginal mesh implant
Aug 23, 2018 | Hull Daily Mail
By Hannah Robinson
A Hull woman’s life has been “turned upside down” after a procedure for incontinence left her in debilitating pain.
An anonymous constituent of Hull West and Hessle MP Emma Hardy wrote to her describing the struggle to have her voice heard by the medical profession after she was fitted with a vaginal mesh implant.
The mesh implants have been previously used to correct stress incontinence in women, but procedures have now been put on hold after it was found the medical equipment could “slice through organs” causing paralysis, sepsis and even organ failure.
Emma Hardy said: “I first heard there were complications arising from pelvic mesh implants last year when a constituent wrote to me describing the pain this procedure had caused her.
“When I met her in person, not only had this affected her health – her life had been turned upside down, she was no longer the employee she once was, and she was struggling to get her voice heard by the medical profession.In constant agony
"She had gone from being extremely active to being in constant debilitating pain.”
Now, a Government tour is coming to Hull and women who have undergone the implant procedure are being urged to come forward and share their stories.
“Women’s health needs to be made a higher priority in our society – and this Hull hearing is an opportunity for those who are suffering after this procedure to be listened to,” said Mrs Hardy.
“If this is you, then share your experiences with the review team, they need to hear from patients and their families.”
Mesh implants are made of polypropylene plastic. They were used to treat incontinence or prolapse, often suffered from pregnancy and childbirth weakening pelvic floor tissue.
Last month, NHS England accepted a recommendation to temporarily suspend vaginal mesh implants until March 2019, after severe cases of women’s lives being ruined by the procedure surfaced.'The pain is indescribable'
Kath Sansom, of the Sling The Mesh campaign group, said: “The pain this procedure can cause is indescribable.
“I’ve been in contact with women in the Hull region who are suffering serious complications from vaginal mesh implants. This procedure was being promoted as a ‘quick fix’ for urinary stress incontinence – but the plastic can twist, move and degrade inside the body.
“It can attach and slice through organs causing paralysis, chronic pain, sepsis, loss of sex life and even organ failure. Women contact our group feeling suicidal from the pain vaginal mesh implants have caused them.
“If you, or a loved one, have been experiencing complications following the procedure then I urge you to share your story with the Government’s independent review.”
The tour will be in Hull on Thursday, August 30.
Baroness Cumberlege is leading the review, and is talking to women whose lives have been changed beyond repair following an operation performed to treat conditions mostly caused by having babies.
Travel expenses can be reimbursed as part of the review, which family members and loved ones may also attend.
Participants will need to submit all travel receipts, with economy or standard class used on public transport whenever possible.
https://www.hulldailymail.co.uk/news/health/hull-women-living-indescribable-pain-1930567
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
Add recipients
Suggested