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Johnson Johnson Ethicon Archives - Carey Danis & Lowe

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.

Ethicon Vaginal Mesh MDL Update: Defense Fact Sheets Due in Early April for Ethicon Discovery Pool Cases

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Ethicon Vaginal Mesh MDL Update: Defense Fact Sheets Due in Early April for Ethicon Discovery Pool CasesTransvaginal mesh lawsuits have been consolidated into five multi-district litigation (MDL) cases in the U.S. District Court for the Southern District of West Virginia. U.S. District Judge Joseph R. Goodwin is overseeing the proceedings for the Ethicon MDL and four other transvaginal mesh MDLs.

Cases have been brought forth against Johnson & Johnson’s Ethicon unit, in particular for the defective Ethicon Gynecare Prolift vaginal mesh product. In addition to the Ethicon MDL, vaginal mesh lawsuits have been consolidated into MDLs involving C.R. Bard, American Medical Systems, Boston Scientific Corp., and Coloplast Corp.

The Ethicon MDL is known as In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2327. The Ethicon MDL was scheduled to meet for a status conference on February 7, but the meeting was cancelled. The next Ethicon MDL status conference is scheduled for March 21.

Since their last meeting, Judge Goodwin has issued pretrial order #41 which provides details on the defendant’s fact sheet (DFS). According to another pretrial order delivered by Judge Goodwin in the Ethicon MDL, the defendants must submit to the plaintiffs a DFS for each Ethicon case selected for the first thirty Discovery Pool. Ethicon’s defense counsel must complete this process of filing the DFS documents by April 8.

The DFS requests for each plaintiffs’ case information on Ethicon’s contact with any treating and evaluating physicians. The DFS also asks for details about Ethicon sales representatives’ interactions with physicians, specifically if they received any benefits from a relationship with an Ethicon representative. Furthermore, the DFS orders that the defense list the number of Ethicon transvaginal mesh products purchased by a physician’s office.

The information provided in the DFS is integral to the Discovery process in the Ethicon MDL, and will assist in building strong cases against Ethicon in bellwether trials.

Women have used the Ethicon Gynecare Prolift to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Following surgery, women have filed complaints with the U.S. Food & Drug Administration (FDA) alleging that Ethicon’s Gynecare Prolift has caused infection, severe pelvic area pain, organ perforation, and vaginal erosion.

Quite often, women who underwent surgery to receive the Gynecare Prolift had to endure future revision surgeries to remove the vaginal mesh product.

Lawyers at Carey Danis & Lowe are currently evaluating vaginal mesh lawsuits, including those involving Johnson & Johnson and Ethicon’s Gynecare Prolift vaginal mesh device.

If you or someone you love has been injured by a vaginal mesh product, contact a lawyer at Carey Danis & Lowe for a free legal evaluation by calling 800.721.2519 or by submitting a legal claim form.

First Gynecare Prolift Lawsuit Trial Moves Forward in New Jersey Court: Johnson & Johnson Official Concedes to High Failure Rate of Defective Gynecare Prolift Mesh

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Kugel & Transvaginal Mesh Patch ComplicationsThe first trial of 1,800 regarding Johnson & Johnson’s defective Gynecare Prolift vaginal mesh was heard in a New Jersey state court in Atlantic City last week. The trial, known as Gross v. Gynecare Inc., concerns a nurse from South Dakota named Linda Gross, who claims that she underwent 18 revision surgeries to first remove the Gynecare Prolift mesh, and then to repair the damages caused by Johnson & Johnson’s notorious surgical mesh product, according to a report published by Bloomberg.

A Johnson & Johnson company official, the first witness to be brought to the stand in the Gross trial, admitted that a subsidiary of the company, Ethicon, who developed and manufactured the Gynecare Prolift mesh, was aware of the product’s high failure rate. In fact, this Johnson & Johnson Ethicon representative, Scott Ciarrocca, confessed that after 6 months about 20% of the Gynecare Prolift mesh devices proved defective, and after a year, the failure rate was documented to be even higher at 27%.

Gross, like the other 1,800 plaintiffs who have filed lawsuits against Johnson & Johnson, have done so because they believe that Johnson & Johnson marketed the defective vaginal mesh in spite of its high failure rate and potential to cause serious health complications, and committed a huge misstep by disregarding these facts in order to sell the device.

In June 2012, Johnson & Johnson announced that it had plans to discontinue sales of four of its vaginal mesh products, and would begin scaling back availability over a four month period. The products that have been recalled include Gynecare Prolift, Prosima Pelvic Floor Repair System, the Prolift+M Gynemesh M, and the Gynecare TVT Secur System.

In explaining its reason for recalling these four vaginal mesh products, a Johnson & Johnson spokesperson refused to refer to the move as a recall, but rather a “discontinuation”, according to a report from Reuters. Furthermore, the Gynecare Prolift mesh recall, according to this same Johnson & Johnson spokesperson, had no relation to the Gynecare Prolift lawsuits nor high failure rates and compromised health. Instead, Johnson & Johnson asserted that plans to stop sales worldwide are concerned with long term market relevance and success rates.

Defective vaginal mesh has caused a significant amount of pain and suffering in patients who received a surgical implant to treat stress urinary incontinence (SUI) or pelvic organ prolapse (POP). Not only have these individuals had to receive numerous revision surgeries, but they also have experienced the following health problems related to defective vaginal mesh, in particular the Gynecare Prolift product:

  • infections
  • vaginal erosion
  • organ perforation
  • severe pain in pelvic region
  • pain during intercourse
  • vaginal discharge and bleeding

If you or a loved one has received a surgical implant of vaginal mesh, such as Johnson & Johnson’s Gynecare Prolift, and have experienced serious and negative side effects like those described above, you and your loved one may be eligible to receive compensation for medical expenses, lost wages, and physical and emotional pain and suffering.

For a free legal consultation, contact an experienced trial lawyer at Carey Danis & Lowe today by calling 800.721.2519.