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Boston Scientific Corp Archives - Carey Danis & Lowe

Boston Scientific Delays, Vaginal Mesh Lawsuits Return to State Courts

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitIn late October 2015, a federal judge denied a request made by Boston Scientific, a manufacturer of vaginal mesh devices. The company sought to move 62 transvaginal mesh lawsuits, which were filed as a single multi-plaintiff suit, into a multidistrict litigation (MDL).

An MDL concerning transvaginal mesh injuries and Boston Scientific mesh products exists in a West Virginia federal court. The MDL is In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation, MDL No. 2326, managed by Judge Joseph R. Goodwin in the U.S. District Court for the Southern District of West Virginia in Charleston.

The federal judge who denied Boston Scientific’s request stated that the company waited too long to move the lawsuits from state to federal court. In California, U.S. District Judge Beverly Reid O’Connell said that Boston Scientific should’ve issued their request within a year of the lawsuit’s original file date.

Since they waited too long, a state court judge has since separated the individual mesh lawsuits, and sent them back to courts in their state of origin.

This is an unfortunate turn of events for these plaintiffs. Consolidation into the MDL would bring them all one step closer to putting this difficult chapter in their lives behind them.

You don’t have to suffer alone.

We are here to help you. If you or a loved one suffered from a transvaginal mesh injury, we encourage you to explore your legal options.

Carey Danis & Lowe offers free case evaluations, during which we can discuss your compensation eligibility, and whether filing a vaginal mesh lawsuit is right for you.

Call Carey Danis & Lowe today ― 800.721.2519.

You can also reach us online by completing a confidential personal injury claim form.

 

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Transvaginal Mesh Lawsuits Move Forward against American Medical Systems, as Federal Court Issues Order for Third Round of Trials

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published May 19, 2014 by Digital Journal

Anterior-Vaginal-MeshThousands of transvaginal mesh lawsuits filed against American Medical Systems, Inc. continue to move forward in a consolidated litigation underway in U.S. District Court, Southern District of West Virginia. On May 16, 2014, the Court approved a new Docket Control Order pertaining to the litigation’s third round of bellwether trials. Among other things, the Order stipulates that all discovery, including depositions of all company witnesses and third parties, will be completed by July 14, 2014. Dates for pretrial and settlement conferences, as well as the start date for the trial itself, will be determined by the Court at a future Status Conference. (In Re American Medical Systems, Inc. – MDL No. 2325)

Vaginal Mesh Lawsuits

According to court documents, tens of thousands of vaginal mesh lawsuits have been filed against American Medical Systems in courts around the country. The vast majority of claims are pending in the Southern District of West Virginia, where Jeffrey S. Grand is serving on the Plaintiffs’ Steering Committee.

On April 30, 2014, Endo International PLC, the parent company of American Medical Systems, announced a settlement agreement that could potentially resolve some 20,000 transvaginal mesh lawsuits pending against the company. Among other things, Endo indicated that it has set aside $830 million to cover the settlement agreement, which is expected to be implemented over the next year. Endo did not admit liability or fault for any plaintiffs’ alleged vaginal mesh complications in agreeing to the settlement plan.*

According to court filings, American Medical Systems is just one of several companies named in vaginal mesh lawsuits in the Southern District of West Virginia. In addition to his work on that litigation, Mr. Grand is also serving on the Plaintiffs’ Steering Committees in several proceedings established in that jurisdiction that involve Boston Scientific Corp., (MDL 2326), C.R. Bard, Inc. (MDL 2325) and Ethicon, Inc. (MDL No. 2327).

Mr. Grand is also serving as Co-Liaison Counsel in two consolidated proceedings established for C.R. Bard and Ethicon mesh lawsuits in New Jersey’s Atlantic Superior Court. He was also a member of the plaintiff’s trial team for the first Ethicon trial, which ended in March with an $11 million verdict for the Plaintiff. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10; In re: Pelvic Mesh Litigation/Bard, No. L-6339-10).

Alleged victims of serious vaginal mesh complications may be entitled to compensation for their injury-related damages. To learn more about filing a transvaginal mesh lawsuit, please visit Carey Danis & Lowe’s website https://www.careydanis.com. To obtain a free, confidential and no-obligation case review, please call 1.800.721.2519.

 

Federal Judge Overseeing Ethicon Transvaginal Mesh Lawsuits Levies Sanctions Against Defense Counsel

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published May 16, 2014 by Digital Journal

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsThe federal judge overseeing thousands of transvaginal mesh lawsuits filed against Johnson & Johnson’s Ethicon, Inc. unit has sanctioned the companies’ attorneys for removing certain cases to federal court, despite numerous rulings that the lawsuits belong in a Pennsylvania litigation. According to court documents, the lawsuits in question named Pennsylvania-based Secant Medical Inc. as a defendant, and were originally filed in the Philadelphia Court of Common Pleas. In an Order issued on May 13, 2014, U.S. District Judge Joseph R. Goodwin of the Southern District of West Virginia wrote that the defense attempts to move the cases, despite repeated rulings that Secant had not been fraudulently joined, were calculated “to keep these cases out of state court for as long as possible and to waste the court’s time and the plaintiff’s resources.” (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation – MDL No. 2327)

Ethicon Transvaginal Mesh Lawsuits

Court documents indicate that more than 18,000 transvaginal mesh lawsuits have been filed in the Southern District of West Virginia on behalf of women who were allegedly injured by Ethicon devices used in the treatment of pelvic organ prolapse and stress urinary incontinence. Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving on the Plaintiffs’ Steering Committee in that proceeding. All of the complaints allege that the use of these devices caused thousands of women to suffer mesh erosion, chronic pain, organ damage and other serious, and sometimes permanent, vaginal mesh complications.

Mr. Grand is also serving as Co-Liaison Counsel in two multicounty litigations underway in New Jersey Superior Court for transvaginal mesh lawsuits involving products marketed by C.R. Bard and Ethicon. He was also a member of the Plaintiff’s trial team on the first Ethicon trial in that proceeding, which ended in March with a jury awarding $11 million in compensatory and punitive damages to a woman who was harmed by the Ethicon Gynecare Prolift device. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10; In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)

According to court records, more than 55,000 transvaginal mesh lawsuits have been filed against a number of device manufacturers in litigations that are underway in the Southern District of West Virginia. Mr. Grand is also serving on the Plaintiffs’ Steering Committees in proceedings involving : American Medical Systems, Inc. (MDL No. 2325); Boston Scientific Corp., (MDL No. 2326); and C.R. Bard, Inc., (MDL No. 2187).

<p”>Alleged victims of vaginal mesh complications may be entitled to file their own transvaginal mesh lawsuit. To learn more about the litigation involving these devices, please visit https://www.careydanis.com. To obtain a free, confidential and no-obligation case review, please call 1.800.721.2519.

As 50,000 Vaginal Mesh Lawsuits Await Litigation; FDA Moves to Reclassify Transvaginal Mesh as High-Risk Medical Devices

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published May 13, 2014 by Digital Journal
Anterior-Vaginal-MeshCarey Danis & Lowe, an experienced law firm representing women in vaginal mesh lawsuits, is pleased to report that the U.S. Food & Drug Administration (FDA) has proposed new regulations to mitigate the risks associated with surgical mesh used in the transvaginal repair of pelvic organ prolapse. According to a press release issued by the agency on April 29, 2014, the FDA has proposed reclassifying vaginal mesh as “high-risk.” The new rule would subject the products to greater regulatory scrutiny, and require manufacturers to submit a premarket approval application to the agency to evaluate safety and effectiveness.
[http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm395192.htm]

According to the FDA, transvaginal mesh products intended to treat pelvic organ prolapse are currently classified as “moderate risk” devices. As such, they are eligible for the agency’s 510(k) clearance process, which doesn’t require a manufacturer to conduct human clinical trials of a product before it is launched on the market. As high-risk devices, surgical mesh used to transvaginally repair prolapse would no longer be eligible for this process. The proposed regulations would also require manufacturers of devices already on the market to conduct safety studies of their products if they intend to continue selling them.
[http://www.federalregister.gov/articles/2014/05/01/2014-09909/effective-date-of-requirement-for-premarket-approval-for-surgical-mesh-for-transvaginal-pelvic-organ]

The FDA’s actions follow warnings issued by the agency in October 2008 and July 2011 regarding the risk of serious vaginal mesh complications associated with transvaginal mesh products used to treat pelvic organ prolapse and stress urinary incontinence. In announcing the proposed regulations earlier this week, the FDA said it had since “identified clear risks associated with surgical mesh for the transvaginal repair of pelvic organ prolapse.”

According to court documents, more than 50,000 transvaginal mesh lawsuits have been filed in the U.S. District Court, Southern District of West Virginia by women who were allegedly injured by these products. The litigations include:

  • In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325)
  • (In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation – MDL No. 2327)
  • In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326);
  • In Re C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2187)
  • In Re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL No. 2387)
  • In Re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2440)

Carey Danis & Lowe is representing alleged victims of transvaginal mesh complications in numerous claims that have been filed in the Southern District of West Virginia, and continues to offer free vaginal mesh lawsuit reviews to women who may have been injured by these devices. Learn more by visiting www.careydanis.com or by calling 1.800.721.2519.

Boston Scientific Mesh MDL News: Court Prepares for First Bellwether Trial

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientific_transvaginal_mesh_lawshuit_mdl_multidistrict_litigation_vaginal_mesh_injuryThe latest Boston Scientific mesh MDL news involves a docket control order outlining the pretrial and trial schedule for the first two bellwether cases. A docket control order shares important dates and deadlines with the plaintiffs and defendants. The Boston Scientific MDL order includes deadlines for specific types of discovery, reports, and depositions.

According to the order, the first bellwether case is scheduled to go to trial on March 10, 2014, with the second transvaginal mesh lawsuit scheduled to go to trial on July 14, 2014.

The Boston Scientific MDL is In re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation MDL no. 2326, and is being heard in the U.S. District Court for the Southern District of West Virginia by Judge Joseph R. Goodwin.

There are currently over 6,500 cases consolidated into the Boston Scientific mesh MDL.

Carey Danis & Lowe views the docket control order as a major step in bringing justice to so many individuals who may have been harmed by Boston Scientific’s medical devices.

Carey Danis & Lowe is a national law firm providing legal counsel to those who have suffered due to defective medical devices. Our attorneys are currently working with women who claim injury from and dispute the safety of transvaginal mesh implants.

Transvaginal mesh lawsuits are being filed with allegations of mesh erosion, mesh contraction, infection, bleeding, dyspareunia, and severe pelvic area pain.

To join these women in holding medical device manufacturers like Boston Scientific accountable, share your story with Carey Danis & Lowe today by calling 800.721.2519, or complete a confidential claim form.

Transvaginal Mesh Lawsuit Update: West Virginia MDLs Met Mid-September for Status Conference

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginal_mesh_lawsuit_settlements_news_mdl_class_action_lawsuit_vaginal_mesh_lawsuit_erosion_pain_bleedingThere are six transvaginal mesh multidistrict litigations (MDLs) being heard by U.S. District Judge Joseph R. Goodwin in the U.S. District Court for the Southern District of West Virginia. The court convened in mid-September for a status conference to discuss progress in all six of the transvaginal mesh MDLs.

Both parties discussed the deadline for filing transvaginal mesh lawsuits. Judge Goodwin stated that he would mull over a deadline extension and flexibility on the weekly filing allowance.

The plaintiffs counsel and defendants counsel also discussed progress being made in the bellwether trial process. According to the status conference minutes, the next bellwether trial among the six transvaginal mesh MDLs will be Jones v. C. R. Bard, scheduled to begin on November 12, 2013.

In the American Medical Systems MDL, the first bellwether trial was scheduled for December 2013, but has been delayed with a new start date yet to be decided.

The six transvaginal mesh MDLs are:

  • In re: C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2187
  • In re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2325
  • In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation MDL No. 2326
  • In re: Ethicon Inc., Pelvic Repair System Products Liability Litigation MDL No. 2327
  • In re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation MDL No. 2387
  • In re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2440

According to the U.S. Food and Drug Administration (FDA), patients who experienced an adverse effect from transvaginal mesh most often reported mesh erosion as being the complication. Transvaginal mesh erosion occurs when the mesh begins eroding surrounding tissue and organs. The FDA has also reviewed a number of adverse event reports wherein the patient experienced infection, bleeding, and painful intercourse associated with a transvaginal mesh implant.

The team of St. Louis class action attorneys at Carey Danis & Lowe work diligently to win you or your loved one a day in court, so that your transvaginal mesh case can finally be heard. Work with one of our transvaginal mesh lawyers, and receive a free legal evaluation of your transvaginal mesh case. Carey Danis & Lowe can also assist with evaluating your compensation eligibility and with filing a transvaginal mesh lawsuit.

Share your story with Carey Danis & Lowe by calling 800.721.2519, or by submitting a personal injury claim form.

Five Transvaginal Mesh Manufacturers Reported to Be in Settlement Discussions

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginal_mesh_mdl_2013_settlements_side_effects_court_filing_lawsuitsIn a federal court in West Virginia, five transvaginal mesh manufacturers, C. R. Bard, Boston Scientific Corp., American Medical Systems, Coloplast Corp., and Cook Medical, are purported to be in discussions to settle thousands of transvaginal mesh lawsuits. Over 12,000 lawsuits have been consolidated into five different multidistrict litigations (MDLs) in the U.S. District Court for the Southern District of West Virginia.

The settlement talks do not include Ethicon, a Johnson & Johnson subsidiary.

There is speculation that the West Virginia transvaginal mesh MDLs could see a huge surge of new cases in light of these settlement discussions. Some are even calling for a multibillion dollar settlement, according to Bloomberg.

In a recent regulatory document, approximately 12,000 transvaginal mesh lawsuits have been filed against C. R. Bard. Of those 12,000, over 4,800 have been consolidated into the C. R. Bard MDL in West Virginia. Boston Scientific Corp. has been dealt the same amount of lawsuits as C. R. Bard, with approximately 6,300 of those cases consolidated into the Boston Scientific Corp. MDL. As for Coloplast Corp., the medical device manufacturer faces over 1,000 lawsuits in the Coloplast MDL. The latest case number data for the Cook Medical MDL shows that the Indiana based manufacturer is being targeted with just over 100 transvaginal mesh lawsuits.

As of early October, Ethicon faces over 10,200 transvaginal mesh lawsuits in the Ethicon MDL.

To learn more about transvaginal mesh lawsuits, read about the C. R. Bard settlement agreement reached in a New Jersey transvaginal mesh lawsuit or get an in-depth look at transvaginal mesh injuries.

If you or someone you love has been injured by transvaginal mesh, the attorneys and medical experts at Carey Danis & Lowe are here to help. Share your story with Carey Danis & Lowe, St. Louis class action attorneys, by calling 800.721.2519, or by submitting a personal injury claim form.

Carey Danis & Lowe Transvaginal Mesh Lawyers Review Federal Transvaginal Mesh Lawsuits

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized
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The team of transvaginal mesh lawyers at Carey Danis & Lowe reviewed the number of transvaginal mesh lawsuits pending in the U.S. District Court for the Southern District of West Virginia. As of late September, there are currently over 32,000 cases filed against six different transvaginal mesh manufacturers, including C. R. Bard, American Medical Systems, Boston Scientific Corp., Ethicon, Coloplast Corp., and Cook Medical.

U.S. District Judge Joseph R. Goodwin is presiding over the six transvaginal mesh multidistrict litigations (MDLs) in the West Virginia federal court.

C. R. Bard faces 4,755 cases, whereas 10,284 lawsuits have been consolidated against American Medical Systems. Plaintiffs have filed 6,267 against Boston Scientific Corp., and 10,108 cases against Ethicon, a Johnson & Johnson subsidiary. Coloplast Corp. faces 1,080 transvaginal mesh lawsuits, and the newest MDL added to the West Virginia federal court, Cook Medical, includes 152 cases.

In the coming months, Carey Danis & Lowe transvaginal mesh lawyers will continue to closely watch the number of new lawsuits being consolidated into these six West Virginia MDLs.

Carey Danis & Lowe is a national law firm based in St. Louis that represents women who claim injury from transvaginal mesh implants. Our team of attorneys works diligently to provide these women with expert legal counsel.

If you or someone you love has been injured by transvaginal mesh, Carey Danis & Lowe encourages you to speak with one of our attorneys today for a free legal evaluation of your mesh case. You can also speak with one of our on-staff nurses concerning transvaginal mesh health problems.

Share your story with Carey Danis & Lowe by calling 800.721.2519, or by submitting a personal injury claim form.

As of late September 2013, there are over 32,000 transvaginal mesh lawsuits pending in a West Virginia federal court. Read more on the Carey Danis & Lowe blog.

C. R. Bard Transvaginal Mesh Lawsuit Settled in New Jersey

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

A Colorado woman’s transvaginal mesh lawsuit was set to go to trial in New Jersey when C. R. Bard, the defendant in the case, decided to settle the case. Filed in the Superior Court of New Jersey in Atlantic County, the plaintiff’s case is in the process of being settled for an undisclosed amount.

According to a Bloomberg article, the plaintiff in the case, Melanie Virgil, endured transvaginal mesh erosion after being implanted with a C. R. Bard Avaulta Plus mesh product.

Last month, in Cisson v. C. R. Bard, the jury in the case ordered C. R. Bard to pay the plaintiff in the case, Donna Cisson, a compensatory award and punitive damages amounting in $2 million. This case was the first case to go to trial in a federal court.

C. R. Bard transvaginal mesh lawsuits have been consolidated into a multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia. The case is In re: C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation MDL no. 2187, and is being heard by Judge Joseph R. Goodwin.

Judge Goodwin is also overseeing transvaginal mesh MDLs concerning mesh products manufactured by American Medical Systems, Ethicon, Boston Scientific Corp., Coloplast Corp., and Cook Medical Inc.

As of mid-September, 4,687 cases are pending in the C. R. Bard MDL, which is up by 425 cases since Carey Danis & Lowe last reported on the state of the C. R. Bard MDL in late August. This is a clear indicator that women continue to seek a day in court following an injury they believe was sustained from a mesh implant.

Plaintiffs have filed transvaginal mesh lawsuits against C. R. Bard and other transvaginal mesh manufacturers alleging that these products resulted in serious injuries. According to the U.S. Food and Drug Administration (FDA), the most commonly reported transvaginal mesh injuries include mesh erosion and mesh contraction.

In addition, women who have received a transvaginal mesh implant have also experienced organ perforation, pelvic area pain, bleeding, infection, and painful intercourse.

Carey Danis & Lowe transvaginal mesh lawyers work closely with you and your family to provide expert legal advice and medical information. Share your transvaginal mesh story with the Carey Danis & Lowe team, and receive a free legal evaluation of your case. Also, speak with one of our medical experts for more information on transvaginal mesh health concerns.

Carey Danis & Lowe believes that, in cases where a medical device manufacturer has released a harmful product onto the market, it is important that a day in court be granted to all of those who have been injured.

Contact Carey Danis & Lowe today by calling 800.721.2519, or by submitting a personal injury claim form.

Boston Scientific MDL News: Bellwether Cases Selected in Transvaginal Mesh Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Anterior-Vaginal-MeshIn the Boston Scientific multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia, Judge Joseph R. Goodwin has selected four bellwether cases. After an unsatisfactory initial bellwether case presentation, during the second round of case selections, Judge Goodwin was able to reach a decision.

The four bellwether cases concern either the Pinnacle or the Obtryx mesh product from Boston Scientific. The cases are:

  • Carol Lynn Fawcett, et al. v. Boston Scientific Corp. 2:12-cv-07497
  • Roseanne Sanchez, et al. v. Boston Scientific Corp. 2:12-cv-05762
  • Carolyn F. Smothers v. Boston Scientific Corp. 2:12-cv-08016
  • Katherine L. Hall v. Boston Scientific Corp. 2:12-cv-08186

The first bellwether case will go to trial on February 11, 2014, with the second case set for trial on June 17, 2014. The court will begin the bellwether process with the two Pinnacle cases, Fawcett v. Boston Scientific in February and Sanchez v. Boston Scientific in June.

Judge Goodwin has scheduled a date for the third bellwether trial on September 9, 2014, but considers the cases presented to him as not representative enough for the bellwether process. The lack of representative case selections has been a trend in the Boston Scientific MDL.

Plaintiffs have filed transvaginal mesh lawsuits against Boston Scientific over complications experienced with the Pinnacle, Obtryx, Advantage/Fit, and Uphold lines of mesh products.Commonly reported injuries associated with transvaginal mesh implants include mesh erosion, mesh contraction, organ damage, infection, and bleeding.

Carey Danis & Lowe transvaginal mesh lawyers are pleased to see the Boston Scientific MDL move forward with the selection of bellwether cases. As a national law firm representing women who claim to have been injured by transvaginal mesh, we will be following the Boston Scientific mesh litigation now and in the future for important updates.

If you or someone you love has been injured by transvaginal mesh, contact Carey Danis & Lowe for help. Our experienced transvaginal mesh lawyers offer free legal evaluations of transvaginal mesh cases. In addition, Carey Danis & Lowe provides expert medical advice from our staff of nurses.

Contact Carey Danis & Lowe today by calling 800.721.2519, or by submitting a personal injury claim form.