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Judge Eifert Archives - Carey Danis & Lowe

Mesh Lawsuit Update: New Orders Filed in Boston Scientific MDL

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientific_transvaginal_mesh_lawshuit_mdl_multidistrict_litigation_vaginal_mesh_injuryIn the latest mesh lawsuit update regarding the Boston Scientific multidistrict litigation (MDL) in West Virginia, US Magistrate Judge Cheryl Eifert delivered a ruling on Boston Scientific’s Motion to Quash. The Motion involves limiting depositions conducted by plaintiffs.

More specifically, Boston Scientific sought through their Motion a protective order that would bar plaintiffs from deposing corporate employees on topics that the medical device manufacturer deemed either off-topic or already discussed in a past deposition.

Judge Eifert denied Boston Scientific’s Motion to Quash on the grounds that the company did not provide sufficient evidence. Furthermore, Judge Eifert pointed out that plaintiffs are permitted to depose corporate employees according a rule applicable in the MDL.

However, Judge Eifert ruled that when plaintiffs do conduct depositions, due to the sheer number of cases in the Boston Scientific MDL, they should not cover topics that have already been discussed in another deposition of the same individual. To use Judge Eifert’s words, these depositions “should not duplicate testimony”.

Judge Eifert’s ruling is fair for both parties, as it allows plaintiffs to conduct important depositions that could provide vital evidence in a trial, but for Boston Scientific’s sake, bars repetitive depositions. This decision promotes an efficient legal process.

Carey Danis & Lowe Represents Mesh Victims

A St. Louis law firm dedicated to recovering losses for our clients, Carey Danis & Lowe works tirelessly in representing transvaginal mesh victims.

If you or someone you love has been injured by transvaginal mesh, we encourage you to explore your legal options and compensation eligibility with one of our personal injury lawyers today during a free, no-obligation case consultation.

We are available to hear your transvaginal mesh story. Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing one of our personal injury claim forms.

C.R. Bard Mesh Lawsuit Update: CEO Deposition Ruling

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

bardThe latest C.R. Bard mesh lawsuit update relates to the C.R. Bard multidistrict litigation (MDL) being heard in a federal court in West Virginia. According to a court document filed in late June 2014, the parties were in a disagreement over the deposition of C.R. Bard CEO John Weiland.

According to the court document, the defendants argued that the plaintiffs could gather pertinent information on C.R. Bard transvaginal mesh products without deposing Weiland. In making this argument, the defendants deemed the plaintiffs deposition request as unnecessarily disruptive to C.R. Bard business.

U.S. Magistrate Judge Cheryl A. Eifert ordered that plaintiffs shall be allowed to depose Weiland, but with limitations. Though the order disallows plaintiffs to question Weiland about technical aspects of C.R. Bard transvaginal mesh products, the plaintiffs have been permitted to ask Weiland about his involvement, as a C.R. Bard executive, in monitoring and addressing product quality and safety.

The defective medical device lawyers at Carey Danis & Lowe find that Judge Eifert’s ruling is a wise one.

Carey Danis & Lowe Represents Transvaginal Mesh Victims

Carey Danis & Lowe is a national law firm that represents transvaginal mesh victims. We have a team of experienced trial lawyers that have been successful in recovering over $1 billion on behalf of our clients. Explore your legal options with Carey Danis & Lowe today in a free initial case evaluation.

Contact Carey Danis & Lowe by phone at 800.721.2519, or by submitting a confidential personal injury claim form.

Transvaginal Mesh Lawsuit News: Expert Witness Maintains Role

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

carey_danis_lowe_law_firm_pharmaceutical_litigation_medical_device_transvaginal_mesh_lawsuitThe St. Louis class action attorneys at Carey Danis & Lowe continue to follow the latest transvaginal mesh lawsuit news happening in the U.S. and around the world. A new court document was recently filed in the American Medical Systems multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia. The document concerns an expert witness, Dr. Catherine Matthews, who is providing testimony for American Medical Systems.

Claiming past communication with Dr. Matthews, the plaintiffs requested that the court reconsider the involvement in of Dr. Matthews. The plaintiffs claimed that Dr. Matthews was betraying confidentiality in working with the defendants.

Judge Cheryl A. Eifert ruled to maintain Dr. Matthews’s involvement in the American Medical Systems MDL on account of the time of communication between her and the plaintiffs, which was before the creation of the MDL itself. In addition, Judge Eifert found that in her contact with the plaintiffs, Dr. Matthews was made knowledgeable of materials neither confidential nor strategic that would render her involvement improper.

Carey Danis & Lowe believes that Judge Eifert made a judicious decision in light of the evidence presented. Those on the side of the victims of transvaginal mesh products need not be discouraged by Judge Eifert’s ruling, as it appears that Dr. Matthews does not possess knowledge able to betray the plaintiffs’ strategy.

As of early November 2013, there are 11,496 transvaginal mesh lawsuits consolidated into the American Medical Systems MDL. The American Medical Systems MDL is one of six MDLs being heard in the West Virginia federal court by Judge Joseph R. Goodwin. The additional five MDLs involve mesh manufacturers Ethicon, C. R. Bard, Boston Scientific, Coloplast, and Cook Medical.

American Medical Systems is one of the transvaginal mesh manufacturers currently purported to be in settlement discussions along with C. R. Bard, Boston Scientific, Coloplast, and Cook Medical, according to Bloomberg. Ethicon is not participating in the settlement talks.

Carey Danis & Lowe attorneys are currently investigating transvaginal mesh cases, and are offering free case evaluations. If you believe that your injuries were caused by a transvaginal mesh implant, you have a case that may qualify you to receive compensation.

If you have concerns about health complications associated with transvaginal mesh, discuss them with one of Carey Danis & Lowe’s on-staff nurses. Also, read more about transvaginal mesh and mesh lawsuits on the Carey Danis & Lowe personal injury litigation blog.

Share your transvaginal mesh injury story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim.

Federal Judge Rules in Plaintiffs’ Favor in Ethicon Mesh MDL in West Virginia

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

ethicon_johson_johnson_gynecare_prolift_lawsuit_revsional_surgeryThe parties involved in the Ethicon multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia are facing difficulty regarding discovery requests, according to a recently filed pretrial order. In July 2012, the plaintiffs supplied the defendants with an initial request for more information, also called interrogatories.

Upon receiving the defendants’ responses, the plaintiffs requested additional information, which was given to them in the spring of 2013. However, the plaintiffs found these responses to be lacking, and thus, the issue was brought before U.S. Magistrate Judge Cheryl A. Eifert for resolution.

Judge Eifert ruled that the defendants’ responses to the plaintiffs’ requests for information to be incomplete, and ordered Ethicon to serve the plaintiffs with yet another set of responses that are more specific.

Carey Danis & Lowe transvaginal mesh lawyers consider Judge Eifert’s ruling to be a fair and in line with an efficient legal process. Carey Danis & Lowe is pleased to see the Ethicon MDL moving forward despite setbacks with discovery, though this recent ruling should allow for more ground to be covered in the coming months.

Carey Danis & Lowe is a national law firm representing individuals who claim to have been injured by a transvaginal mesh product, such as the Johnson & Johnson and Ethicon Gynecare Prolift. Women and their families have filed transvaginal mesh lawsuits alleging that transvaginal mesh products caused injuries from mesh erosion and mesh contraction, including bleeding, infection, organ damage, and pelvic area pain. In some cases, women have undergone several surgical operations to remove the hardened mesh with little success or relief.

If you or someone you love has been injured by a transvaginal mesh product like the Ethicon Gynecare Prolift, contact a transvaginal mesh lawyer for a free legal evaluation and for assistance with filing a transvaginal mesh lawsuit. Contact Carey Danis & Lowe by calling 800.721.2519 or by submitting a personal injury claim form.