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Gynecare Archives - Carey Danis & Lowe

J&J and Ethicon to Pay Penalty for Document Mishandling

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsJohnson & Johnson and Ethicon mishandled internal documents that were of great importance in the Ethicon multidistrict litigation (MDL) being heard in West Virginia. As a result, U.S. Magistrate Judge Cheryl Eifert penalized Johnson & Johnson, and their subsidiary, Ethicon, by ordering them to pay a fine.

The court is still deciding on the penalty amount.

It is unclear if Johnson & Johnson and Ethicon, the medical device manufacturer behind the Gynecare Prolift transvaginal mesh product, purposefully destroyed the internal documents in question. Since purposeful destruction was never proven, Johnson & Johnson and Ethicon were not dealt more severe penalties.

There are over 16,000 transvaginal mesh lawsuits pending in the Ethicon MDL in West Virginia. The Ethicon MDL is In re: Ethicon, Inc. Pelvic Repair Systems Product Liability Litigation MDL no. 2327, and is being heard in the U.S. District Court for the Southern District of West Virginia.

Victims of transvaginal mesh, including those who received an implant of the Ethicon Gynecare Prolift, have contacted Carey Danis & Lowe for legal assistance. The team of class action attorneys at Carey Danis & Lowe currently represents many women across the United States in transvaginal mesh lawsuits.

Explore your legal options and eligibility for compensation with Carey Danis & Lowe today. Schedule an appointment to meet with one of our attorneys in person at one of our four locations. We have law offices in Missouri, Illinois, and Florida.

Our attorneys are also available to discuss your case over the phone. Contact our law offices by calling 800.721.2519.

You can also contact us by completing a personal injury claim form.

Transvaginal Mesh Lawsuit News: Johnson & Johnson Accused of Document Destruction

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

ethicon_johnson_johnson_transvaginal_mesh_lawsuit_litigation_obtape_pelvic_prolapse_complications_surgery_correctiveTransvaginal mesh lawsuits have been consolidated into the Ethicon multidistrict litigation (MDL) in West Virginia. In a court document filed in early December 2013, plaintiffs’ legal counsel argued that Johnson & Johnson and their subsidiary, Ethicon, mishandled thousands of documents. The plaintiffs’ legal counsel accuses Johnson & Johnson and Ethicon of having destroyed these documents.

In a Bloomberg report, it appears that Johnson & Johnson instructed Ethicon  to save documents. Even so, according to the recently filed court document, Ethicon officials destroyed all digital files on the computer of a former Ethicon president.

However, in light of what appears to be improper document management, Johnson & Johnson and Ethicon continue to contend that their document retention is sound.

Those representing plaintiffs in the West Virginia MDL do not want the lack of certain Ethicon materials to negatively impact upcoming bellwether trials. The first Ethicon bellwether trial is scheduled for February 10, 2014.

Thousands of Lawsuits

According to Bloomberg, there are over 30,000 transvaginal mesh lawsuits pending in the six multidistrict litigations in West Virginia, one of which is the Ethicon MDL

These six MDLs are being heard in the U.S. District Court for the Southern District of West Virginia, and are all being heard by Judge Joseph R. Goodwin. The five other transvaginal mesh MDLs target C.R. Bard, American Medical Systems, Boston Scientific, Coloplast, and Cook Medical.

Transvaginal Mesh Side Effects

Two of the most commonly reported transvaginal mesh complications that lead to significant injury include erosion and contraction. Women have also reported a number of other health issues, including pelvic pain, bleeding, and dyspareunia.

Carey Danis & Lowe is Here to Help

Carey Danis & Lowe is a national law firm based in St. Louis that represents women who have been injured by transvaginal mesh devices, such as the Ethicon Gynecare Prolift. If you believe that your injuries are the result of a transvaginal mesh implant, explore your legal options in a free initial consultation with a Carey Danis & Lowe transvaginal mesh lawyer.

In addition, Carey Danis & Lowe has a team of highly experienced on-staff nurses who are available to discuss transvaginal mesh side effects. Our nurses are here to listen closely to your concerns and to answer your health questions.

Share your transvaginal mesh story with Carey Danis & Lowe today. Call 800.721.2519, or submit a confidential personal injury claim form.

Carey Danis & Lowe Pelvic Mesh Lawyers Weigh in on Ethicon MDL 2327 and Gynecare Prolift Mesh Lawsuit Removal Request

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published April 25, 2013 by PR Web

St. Louis, Missouri (PRWEB) April 25, 2013

carey_danis_lowe_law_firm_pharmaceutical_litigation_medical_device_transvaginal_mesh_lawsuitPelvic mesh lawyers at Carey Danis & Lowe continue to follow Ethicon MDL 2327 proceedings currently taking place in the U.S. District Court for the Southern District of West Virginia, as the law firm represents women who have been injured by defective pelvic mesh.

A recent update in the Ethicon MDL involves a pretrial order issued by Chief Judge Robert C. Chambers and U.S. District Judge Joseph R. Goodwin. The order pertains to the judge responsible for overseeing the discovery process in the vaginal mesh MDLs. As Judge Mary E. Stanley has retired, any matters pertaining to discovery will now be the responsibility of Judge Cheryl A. Eifert.

Carey Danis & Lowe pelvic mesh lawyers perceive the transference of discovery process responsibility from one judge to another as no impediment to the expedited legal processes inherent in a multidistrict litigation.

According to Carey Danis & Lowe, another noteworthy update in the Ethicon MDL 2327 involves a plaintiff with a case in the Ethicon MDL named Dawn Flores, who recently attempted to have her case moved from the MDL in West Virginia to a California state court, where the plaintiff resides. The case is Flores et al. v. Ethicon Inc. et al., case number 2:12-cv-01804.

Flores filed her vaginal mesh lawsuit against Johnson & Johnson and Ethicon claiming that their Gynecare Prolift mesh was defective in that it eroded, leading to infections and severe pain, in addition to psychological and emotional suffering, according to the Ethicon vaginal mesh trial memorandum and order about Ms. Flores’ case.

Though Ms. Flores’ request was denied, in cases where plaintiffs are severely ill, Carey Danis & Lowe pelvic mesh lawyers consider it important that such lawsuits be put to trial in a timely fashion for the sake of the plaintiff.

A plaintiff in another case that was recently settled, Gross v. Gynecare Inc., Atl-L-6966-10, cited similar problems with Ethicon’s Gynecare Prolift mesh. In Linda Gross’ Gynecare Prolift mesh lawsuit, she alleged that the mesh hardened after implantation, and required numerous surgeries to remove the hardened mesh, according to a Bloomberg report on the case.* Gross v. Gynecare, case number Atl-L-6966-10, was heard in the Superior Court of Atlantic County in Atlantic City, New Jersey.

Pelvic mesh lawyers at Carey Danis & Lowe encourage individuals who have been injured by Ethicon’s Gynecare Prolift to contact our law firm to discuss legal options. Carey Danis & Lowe is offering free legal evaluations of vaginal mesh cases and assistance in filing vaginal mesh lawsuits.

Source

*Bloomberg article about Gross v. Gynecare Inc., case number Atl-L-6966-10:http://www.bloomberg.com/news/2013-02-25/j-j-failed-to-warn-of-vaginal-mesh-risks-n-j-jury-rules-1-.html

Carey Danis & Lowe is a plaintiff’s litigation firm based in St. Louis, Missouri with law offices across the United States in Illinois, Missouri, and Florida. Carey Danis & Lowe specializes in defective drug and pharmaceutical litigation and class action lawsuits. The Carey Danis & Lowe team is comprised of experienced attorneys working alongside knowledgeable professional staff that includes medical doctors, nurses, and information technology specialists. Contact Carey Danis & Lowe at 800-721-2519.

Boston Scientific Ordered to Release Defective Transvaginal Mesh Documents

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsPlaintiffs in a lawsuit filed against Boston Scientific Corporation have ordered the release of documents relating to Boston Scientific’s ProteGen product, a vaginal mesh sling device made out of woven polyester and pressure injected bovine collagen.

The plaintiffs in the defective vaginal mesh lawsuit claim that the release of these documents will demonstrate that, according to pre-trial order #23, Boston Scientific was knowledgeable of the fact that “biocompatibility issues existed with respect to surgical meshes implanted in the female pelvis”.

These defective surgical mesh claims filed against Boston Scientific have been consolidated into Re: Boston Scientific Corp. Pelvic Repair Systems Products Liability Litigation, MDL No. 2326, U.S. District Court for the Southern District of West Virginia, Charleston Division.

The U.S. Food and Drug Administration (FDA) approved Boston Scientific’s ProteGen vaginal mesh device to treat patients suffering from stress urinary incontinence (SUI) in 1996. Boston Scientific removed ProteGen from the market in 1999 following increasing reports from patients claiming severe side effects related to the defective vaginal sling.

Since the introduction of transvaginal mesh products in the mid-1990s, there have been an ever-increasing amount of patient complication reports filed with the FDA. Currently, the FDA has received complaints surpassing 4,000 in number regarding serious transvaginal mesh side effects. There are currently 6 MDLs hearing cases against 6 different transvaginal mesh manufacturers, one of them being Boston Scientific.

Though there are several manufacturers of defective transvaginal mesh, many of the side effects related to transvaginal mesh side effects are similar, and include the following:

  • vaginal erosion
  • severe pain
  • infection
  • painful intercourse
  • bleeding
  • organ perforation

If you or someone you love has received a vaginal mesh implant, and as a result, has suffered enormously from the side effects detailed above, you may be entitled to receive compensation. Our defective medical device lawyers at Carey Danis & Lowe understand the importance of holding medical device manufacturers, such as Boston Scientific, accountable for releasing defective products onto the market.

For more information about filing a transvaginal mesh lawsuit against Boston Scientific, Johnson & Johnson and their Gynecare line of transvaginal mesh devices, Mentor and their transvaginal tape known as ObTape, or any other manufacturer of defective vaginal mesh or defective vaginal tape, contact one of our experienced lawyers at Carey Danis & Lowe today at 800.721.2519.

Johnson & Johnson Stops Sales of Gynecare Transvaginal Mesh

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

In June 2012, Johnson & Johnson made the decision to remove their defective transvaginal mesh (TVM) medical device from the global market. Though the medical device manufacturer cites future market performance as being the reason for the discontinuation of sales, their decision comes as there is an ever-increasing number of lawsuits citing links between their transvaginal mesh devices and severe health complications.

According to a Reuters report from June 2012, there are currently over 1,000 transvaginal mesh lawsuits  filed against Ethicon Inc., the subsidiary of Johnson & Johnson responsible for the manufacture of the defective transvaginal mesh. The Johnson & Johnson Gynecare vaginal mesh lawsuits are being heard by a federal judge in West Virginia and a state judge in New Jersey.

As a result of surgical implantation of Johnson & Johnson’s Gynecare Prolift transvaginal mesh devices, patients have claimed organ injury, bleeding, infections, and severe pain. Transvaginal mesh is used to treat women suffering from pelvic organ prolapse or stress urinary incontinence, both health conditions resulting from muscle weakening in the pelvic region.

According to a statement made by an Ethicon spokesperson, the medical device manufacturer has made a plan to pull several Gynecare products from the global market, including the Gynecare TVT Secur, Gynecare Prosima, Gynecare Prolift, and Gynecare Prolift+M, all transvaginal mesh devices.

Back in January 2012, the U.S. Food and Drug Administration ordered transvaginal mesh manufacturers, such as Ethicon and Johnson & Johnson, to begin studying patients with surgically implanted transvaginal mesh to better understand the safety of such products. As Johnson & Johnson has made the decision to pull four of their surgical mesh devices from the global market, the company has stated that it should no longer have to conduct studies of patients with their surgical mesh implants.

If you or someone you love has undergone surgery to receive one of the discontinued Johnson & Johnson transvaginal mesh devices, and as a result, has suffered enormously from physical pain and financial losses, you and your loved one may be entitled to receive compensation. For a free legal consultation about your Johnson & Johnson Gynecare transvaginal mesh case, contact an experienced defective medical device lawyer at Carey Danis & Lowe today by calling 800.721.2519.

Transvaginal Mesh Safety Information Disclosure & Transvaginal Mesh MDL Grows Larger

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published September 11, 2012 on Carey & Danis

Transvaginal Mesh Safety Information Disclosure & Transvaginal Mesh MDL Grows LargerA manufacturer of transvaginal mesh products has recently been ordered in a vaginal mesh federal lawsuit to fully supply the safety information it imparted to the U.S. Food and Drug Administration (FDA) for the purpose of gathering whether the medical device manufacturer withheld any integral pieces of data regarding negative impacts on health from use of its transvaginal mesh product.

A superior court judge in New Jersey made the request of the transvaginal mesh manufacturer, Ethicon Inc., that it release documents on the subject of its clinical trial data and safety observations of its Gynecare transvaginal mesh products. In a report by Bloomberg news, it is understood that the FDA in 2007 mandated that, as adequate safety information was never recorded in regards to Ethicon’s Gynecare transvaginal mesh products, the medical device manufacturer remove such products from the market.

According to the Bloomberg report, Ethicon continued to sell its Gynecare transvaginal mesh products to patients in spite of the FDA mandate. Apparently, the total dismissal of such an FDA mandate is considered a violation of the Federal Food, Drug, and Cosmetic Act. Ethicon reported that, without receiving official FDA approval, they could market and sell the Gynecare transvaginal mesh products because they had received prior FDA approval on a similar transvaginal mesh product. The release of the Gynecare transvaginal mesh line has been referred to as a fast tracking process, one that eliminates the important safety checks via the FDA.

In a multidistrict litigation (MDL), presided over by Judge Joseph R. Goodwin in the U.S. District Court for the Southern Court of Virginia, it has been reported by a Drugwatch journalist that two Arkansas residents have filed a transvaginal mesh lawsuit against medical device manufacturer Boston Scientific Center. The Arkansas couple’s lawsuit makes the claim that Boston Scientific Center developed a transvaginal mesh product made out of materials that cause painful internal tissue inflammation.

Boston Scientific Center’s transvaginal mesh product under question is made out of a monofilament polypropylene that, according to the plaintiff, was known by the manufacturer to cause tissue damage. However, despite such knowledge, the medical device manufacturer made the decision to dismiss such important safety information in order to place the transvaginal mesh product on the market. In the plaintiff’s words, she has suffered enormously from receiving an implantation of Boston Scientific Center’s transvaginal mesh.

Transvaginal mesh is a medical device used as a reinforcing structure, and is especially useful in cases where a patient’s vaginal wall tissues can no longer support surrounding organs. In theory, the surgical implantation of transvaginal mesh should alter a patient’s life for the better, but such is often not the case due to medical device manufacturers releasing products onto the market that are understood to cause severe harm when surgically implanted.

Four Vaginal Mesh Lawsuit MDLs Receive Co-Lead Counsel

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Published May 10, 2012 on InjuryLawyer

The U.S. Judicial Panel on Multidistrict Litigation has aggregated transvaginal mesh lawsuits from across the country into four multidistrict litigations (MDLs), relating to four separate named defendants. The lawsuits all relate to allegations of mesh complications.

Transvaginal mesh is surgically implanted in a patient for the purpose of treating stress urinary incontinence and pelvic organ prolapse (POP).  The device has been connected with a host of vaginal mesh complications, many serious and requiring surgical interventions.

MDL plaintiffs allege transvaginal mesh complications

The four named defendants in the separate MDLs are American Medical Systems, Boston Scientific, C.R. Bard and Ethicon/Gynecare, which each manufacture a vaginal mesh model. The consolidation of individual lawsuits into an MDL is meant to streamline the judicial process for cases making similar claims.

All cases involved in the side effects MDLs make claims that the mesh manufacturers did not conduct sufficient research regarding possible mesh complications. As a result, consumers allegedly were insufficiently warned about the possibility of chronic infections, mesh erosions, and incontinence from vaginal mesh.

Transvaginal mesh lawyer appointed co-lead counsel

In organizing the MDLs, three attorneys have been chosen as coordinating co-lead counsel with the assigned responsibility to manage and delegate individual tasks within the MDL. These responsibilities include evaluating other lawyers for possible positions common to all four MDLs.

Each individual MDL has been assigned two attorneys as co-lead counsel.  These lawyers will handle the particularities of the individual MDLs, as well as speak on behalf of all plaintiffs during pretrial proceedings.

A steering committee of over 60 attorneys has been selected to divide pretrial duties and coordinate discovery across all four lawsuit MDLs.

Bolstering the claims of existing MDL plaintiffs, in July of 2011 the FDA issued a safety warning that it had been unable to find evidence that vaginal mesh was better able to treat women than other methods with fewer risks for complications.  As the MDL progresses, a steadily increasing number of plaintiffs are signing on to seek justice for their injuries.