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March 19 Trial Traditional Media Report
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California Jury Awards $5.7 Million In Ethicon Pelvic Mesh Trial
Mar 19, 2015 | Mealey's
A California state court jury on March 5 awarded $5.7 million to a plaintiff in an Ethicon pelvic mesh injury trial (Colleen Perry, et al. v. Ethicon Inc., et al., No. S-1500-CV-279123, Calif. Super., Kern Co.; See 3/5/15, Page 11). -
Ethicon Pelvic Mesh Trial Ends After 5 Days Of Testimony In MDL Court
Mar 19, 2015 | Mealey's
An Ethicon pelvic mesh multidistrict litigation bellwether trial abruptly concluded March 6 five days into testimony, according to the court docket (Dianne M. Bellew v. Ethicon, Inc., et al., No. 13-22473, S.D. W.Va.; See 3/5/15, Page 12). -
The on-coming wave of transvaginal personal injury cases
Mar 19, 2015 | National Monitor
By Stephen Jordan
Diane Bellew's federal Ethicon transvaginal mesh lawsuit settled on the fifth day of trial against Johnson & Johnson's Ethicon subsidiary.
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California Jury Awards $5.7 Million In Ethicon Pelvic Mesh Trial
Mar 19, 2015 | Mealey's
A California state court jury on March 5 awarded $5.7 million to a plaintiff in an Ethicon pelvic mesh injury trial (Colleen Perry, et al. v. Ethicon Inc., et al., No. S-1500-CV-279123, Calif. Super., Kern Co.; See 3/5/15, Page 11).
The jury in the Kern County Superior Court found that defendants Ethicon Inc.
and Johnson & Johnson negligently designed the TVT Abbrevo pelvic mesh device, negligently failed to warn of the device's risks and negligently misrepresented the device's effectiveness and safety. It also found that the defendants acted with malice, oppression or fraud and awarded punitive damages.
The jury awarded Colleen Perry $100,000 for past medical expenses, $100,000 for past noneconomic damages and $500,000 for future noneconomic damages. Punitive damages were $5 million.
The votes on all counts were 9-3.
Defendants Plan Appeal
In a March 5 press statement, the defendants said they will appeal. "We have strong grounds for appeal as we believe the evidence showed the TVT Abbrevo midurethral sling was properly designed and Ethicon acted appropriately and responsibly in the research, development and marketing of the product," said Matthew Johnson, director of communications for Ethicon Inc.
Johnson said "we are always concerned when a patient experiences adverse medical events" but added "TVT Abbrevo has been deemed safe and effective by regulators and practitioners alike, and it continues to be an important option for treating physicians to offer to women suffering from [stress urinary incontinence]."
Perry, 54, alleged that she was injured by Ethicon's TVT Abbrevo device. Perry says the sling was implanted in her to treat stress urinary incontinence and pelvic organ prolapse.
Perry alleges that the mesh in the device hardened and caused tissue erosion, including intrusion into her vagina that now makes sex with her husband impossible.
Risks Known
Ethicon argued that it acted responsibly in designing the device and that Perry's injuries were not caused by it. It said the risks of the device are well-known and that Perry signed an informed consent form acknowledging them.
Judge Lorna Brumfield presided.
Testimony began Jan. 26 and ended Feb. 26. Jury deliberations began March 2.
Experts
Plaintiff expert witnesses included Scott Guelcher, Ph.D., Michael T. Margolis, M.D., Peggy Spence, Ph.D., and Bruce Rosenzweig, M.D. Defense experts included Brian J. Flynn, M.D., and Douglas Grier, Ph.D.
Pelvic mesh devices consist of surgical mesh that is surgically implanted in the pelvis of a woman to treat pelvic organ prolapse of stress urinary incontinence. Plaintiffs allege that the mesh can harden, shrink and crack, causing pain, inflammation, bleeding and infections and requiring surgical removal that is not always 100 percent successful.
Pelvic mesh devices made by Ethicon and six other manufacturers are currently in litigation nationwide. Some defendants have begun settling cases, while others are proceeding to trial.
Counsel
Perry is represented by Thomas P. Cartmell of Wagstaff & Cartmell in Kansas City, Mo., Richard A. Freese of Freese & Goss in Dallas, Stewart Albertson of Albertson & Davidson in Redwood City, Calif., and Peter de la Cerda of Edwards & de la Cerda in Dallas.
The defendants are represented by William Gage of Butler Snow in Jackson, Miss., Niles B. "Burt" Snell of Butler Snow in in Fort Washington, Pa., Soo Lin and Joshua Wes of Tucker Ellis in Los Angeles and Kim M. Schmid of Bowman & Brooke in Minneapolis. -
Ethicon Pelvic Mesh Trial Ends After 5 Days Of Testimony In MDL Court
Mar 19, 2015 | Mealey's
An Ethicon pelvic mesh multidistrict litigation bellwether trial abruptly concluded March 6 five days into testimony, according to the court docket (Dianne M. Bellew v. Ethicon, Inc., et al., No. 13-22473, S.D. W.Va.; See 3/5/15, Page 12).
The jury in the U.S. District Court for the Southern District of West Virginia has finished hearing testimony from plaintiff Dianne M. Bellew and started listening to a video deposition of another witness when, at 11:25 a.m., the jury was told that the case was concluded.
A source told Mealey Publications that the case had resolved and terms are confidential.
Ethicon released a statement that the parties agreed to resolve the matter.
Prolift Device At Issue
Bellew was implanted with a Prolift Anterior Pelvic Floor Repair System made by the Ethicon Inc. division of Johnson & Johnson to treat her pelvic organ prolapse. She says she suffered multiple complications as a result, including mesh erosion, mesh contraction, inflammation, dyspareunia (pain during sexual intercourse), urinary incontinence, chronic pain and recurring pelvic organ prolapse.
Bellew says she had four subsequent surgeries to remove and revise the mesh implant.
The plaintiff, a resident of Arizona, sued Ethicon and Johnson & Johnson in a short-form complaint filed in the U.S. District Court for the Southern District of West Virginia. The court oversees the Ethicon pelvic mesh MDL.
Bellew alleged negligence, failure to warn, design defect, common-law fraud, fraudulent concealment, negligent misrepresentation, breach of express warranty, violation of consumer protection laws, gross negligence and punitive damages.
Design Defect Claim Remained
In a Nov. 24 ruling, Judge Joseph R. Goodwin said there is a genuine issue of material fact regarding when Bellew knew or should have discovered that the implant caused her injuries. He denied dismissal of Bellew's design defect but granted it as to her claims of fraud, fraudulent concealment, negligent misrepresentation and breach of warranty.
Bellew is represented by Ben Anderson of Anderson Law in Cleveland, Adam Slater of Maize, Slater, Katz & Freeman in Roseland, N.J., and Bryan F. Aylstock of Aylstock, Witkin, Kreis & Overholtz in Pensacola, Fla.
The defendants are represented by Christy D. Jones of Butler Snow in Ridgeland, Miss., and David B. Thomas of Thomas, Combs & Spann in Charleston. -
The on-coming wave of transvaginal personal injury cases
Mar 19, 2015 | National Monitor
By Stephen Jordan
Diane Bellew's federal Ethicon transvaginal mesh lawsuit settled on the fifth day of trial against Johnson & Johnson's Ethicon subsidiary. There is an onslaught of transvaginal mesh lawsuits being filed against such as C.R. Bard Inc., Ethicon Inc., and Johnson and Johnson – just to name a few. More than 75,000 vaginal mesh lawsuits are currently jumping at Ethicon and other manufacturers that produce similar mesh and bladder sling products.
These specific complaints point the finger at mesh and bladder sling design defects, stating that they have caused serious pain and debilitating complications, including repeated infections and the mesh becoming eroded through the vagina.
In what is the latest of a string of trials taking place in state and federal courts, a jury has awarded a verdict of more than $5 million against Johnson & Johnson along with its Ethicon subsidiary, over Ethicon’s Gynecare TVT Abbrevo device.
The medical device manufacturer decided to preemptively accept the inevitable defeat, raise their white flag and settle a federal bellwether trial that is currently being put together in West Virginia.
The J&J company just happens to be the world’s biggest pharmaceutical and medical-device producer, and it is current facing a large loss after they received financial damage in the transvaginal mesh wars. It seems that one of the only few decisions J&J has left is to announce a global settlement.
“Our Firm is representing hundreds of women who allegedly suffered serious vaginal mesh complications following implantation of pelvic mesh marketed by C.R. Bard and other medical device manufacturers. We are pleased that discovery is moving forward in these bellwether cases,” says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP.
There are court documents that have been discovered, illustrating that there have been more than 10,500 transvaginal mesh lawsuits filed against C.R. Bard in West Virginia. According to the information in those court records, C.R. Bard has been singled out as a defendant in a large amount of additional vaginal mesh claims, specifically, more than 1,700. The claims are currently pending in New Jersey’s Bergen County Superior Court.
Court documents indicate that more than 70,000 claims have been filed in the various transvaginal mesh litigations underway in West Virginia alone.
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