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Judge Goodwin Archives - Carey Danis & Lowe

A June Meeting for Consolidated Vaginal Mesh Lawsuits

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsWhen Judge Goodwin said he was going to “kick it into high gear”, he really meant it.

According to a pretrial order (PTO) filed in early April 2015, Judge Joseph R. Goodwin scheduled a status conference for 6 of 7 transvaginal mesh multidistrict litigations (MDLs) being heard in the U.S. District Court for the Southern District of West Virginia.

Representatives for plaintiffs and defendants will meet on June 2, 2015.

In the PTO, the court scheduled each MDL for about an hour-long meeting. The meeting schedule for June 2 is as follows:

  • 10:00 am – C.R. Bard MDL 2187
  • 11:00 am – Boston Scientific MDL 2326
  • 1:30 pm – Ethicon MDL 2327
  • 2:30 pm – Coloplast MDL 2387
  • 3:00 pm – Cook MDL 2440

The transvaginal mesh lawyers at Carey Danis & Lowe are pleased to see Judge Goodwin’s drive to keep each of these MDLs on track.

We Can Help You

Carey Danis & Lowe currently represents women who’ve been injured by transvaginal mesh products manufactured by C.R. Bard, Boston Scientific, Ethicon, Coloplast, and Cook.

If you have suffered from any serious transvaginal mesh side effects, such as chronic pain or mesh erosion, we encourage you to begin exploring your legal options.

Free Case Evaluations

During your free case evaluation, one of our defective medical device lawyers will guide you through your legal options, compensation eligibility, and if applicable, the process of filing a vaginal mesh lawsuit.

 

C.R. Bard Transvaginal Mesh MDL Judge Seeks Efficiency

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

gavel_multidistrict_litigation_settlements_trial_transvaginal_mesh_lawsuitsFeeling that more progress must be made in the C.R. Bard transvaginal mesh multidistrict litigation (MDL), the presiding judge decided to begin reviewing similar cases in bulk sets, what the court is calling “Waves”, to expedite the resolution process for both plaintiffs and defendants. One of the primary reasons for Judge Joseph R. Goodwin’s decision is the ever increasing number of transvaginal mesh lawsuits being consolidated not only into the C.R. Bard MDL, but also into the other six transvaginal mesh MDLs in West Virginia, all of which are being managed by Judge Goodwin.

According to pretrial order (PTO) #131, there are around 9,000 transvaginal mesh lawsuits filed in the C.R. Bard MDL.

Judge Goodwin noted in the PTO that there are over 60,000 cases in all seven of the transvaginal mesh MDLs being heard in a U.S. District Court in West Virginia.

In order to uphold the reason for an MDL’s existence, which in part is “to secure the just, speedy, and inexpensive determination of every action and proceeding”, a rule that Judge Goodwin included in the PTO, the judge ordered that cases in “Wave 3” involve only those wherein the plaintiff received only a C.R. Bard Avaulta product.

After removing cases from Wave 3 that involve products not manufactured by C.R. Bard, the court expects to transfer cases to a federal district court if the cases were filed directly into the C.R. Bard MDL. If the cases were transferred to the MDL, the plan is to transfer those cases back to the federal district court in the state from which the case originated.

The St. Louis law firm of Carey Danis & Lowe is encouraged by Judge Goodwin’s adherence to efficiency in acknowledging that more measurable progress needs to be made in the C.R. Bard MDL. Through sound legal management, such as that displayed by Judge Goodwin, cases can be more swiftly resolved, closing what is for many a chapter of extreme pain and suffering.

Defective Medical Device Lawyers

Carey Danis & Lowe practices defective medical device litigation, and represents women from all over the U.S. who allege injury from C.R. Bard transvaginal mesh products.

If you or someone you love sustained an injury from C.R. Bard transvaginal mesh, or another transvaginal mesh product, our law firm invites you to explore your legal options and compensation eligibility during a free case evaluation.

Share your transvaginal mesh story with Carey Danis & Lowe today. Give us a call at 800.721.2519, or complete a confidential personal injury claim form.

We look forward to assisting you in any way that we can.

Transvaginal Mesh MDL Court Denies Boston Scientific Request

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitIn the Boston Scientific transvaginal mesh multidistrict litigation (MDL) taking place in a federal court in West Virginia, the transvaginal mesh manufacturer submitted a request to try cases individually versus as a group. Boston Scientific requested a Motion to Sever and Conduct Individual Trials.

In this particular case, Motion to Sever means that Boston Scientific sought to separate the grouped cases so that each could be tried individually.

Boston Scientific submitted their request on August 11, 2014, and the presiding judge, Judge Joseph R. Goodwin, ruled against granting their motion a week later on August 18.

Elaborating on his ruling, Judge Goodwin stated that he was left unconvinced by Boston Scientific’s reasons for pursuing separate trials. Specifically, the judge did not feel that trying a group of cases in one trial would, as identified by Boston Scientific in their request, present the transvaginal mesh manufacturer with impossible legal obstacles and prejudice.

With such a ruling, the four cases in question will remain grouped. The transvaginal mesh lawsuits are:

  • Eghnayem v. Boston Scientific Corporation, 2:13-cv-07965 (lead case)
  • Dortes v. Boston Scientific Corporation, 2:13-cv-10077 (member case)
  • Nunez, et al. v. Boston Scientific Corporation, 2:13-cv-24346 (member case)
  • Betancourt v. Boston Scientific Corporation, 2:14-cv-08802 (member case)

The decision to keep the cases grouped is in keeping with an MDL being the choice method of efficiently hearing a large number of similar cases.

The Defective Medical Device Lawyers at Carey Danis & Lowe

A St. Louis law firm practicing defective medical device litigation, Carey Danis & Lowe represents women across the country in transvaginal mesh lawsuits. Our team of experienced trial lawyers and medical professionals understand the emotional and physical suffering that comes with the use of a defective medical product, such as transvaginal mesh.

We work hard to hold accountable those companies behind defective products.

If you or someone you love has been injured by Boston Scientific transvaginal mesh, or mesh manufactured by another maker, Carey Danis & Lowe would like to walk you through your legal options and compensation eligibility during a free case evaluation.

Share your transvaginal mesh story with one of our defective medical device lawyers today. Contact Carey Danis & Lowe by phone at 800.721.2519, or complete a confidential personal injury claim form.

C.R. Bard Mesh Lawsuit News: December Status Conference Canceled

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

cr_bard_transvaginal_mesh_lawsuit_claims_settlementsCarey Danis & Lowe continues to follow the C.R. Bard multidistrict litigation (MDL) in a West Virginia federal court. In a court document filed in early December, Judge Joseph R. Goodwin, who is presiding over the C.R. Bard MDL, as well as the other five transvaginal mesh MDLs in the West Virginia federal court, announced that December’s status conference is canceled.

The court was scheduled to convene on December 5. With that meeting having been annulled, the next status conference in the C.R. Bard MDL will be on January 9, 2014.

In addition to the cancellation announcement, the court also filed a document relating to one particular case filed in the MDL that contains more than one plaintiff. The case is civil action no. 2:13-cv-29861.

Judge Goodwin ruled that in this particular case, because the plaintiffs have no relation to one another aside from their receiving a C.R. Bard transvaginal mesh implant, their cases must be separated, called a severance of actions. The plaintiffs who are not named first in the case will have their claims removed from the MDL, but they will have the opportunity to resubmit their claims as separate lawsuits to the C.R. Bard MDL.

The C.R. Bard MDL is being heard in the U.S. District Court for the Southern District of West Virginia. The MDL is known as In re: C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation MDL no. 2187.

As a national law firm that represents victims of transvaginal mesh, Carey Danis & Lowe is the legal source to rely upon for the most current information on the C.R. Bard MDL, as well as the other five transvaginal mesh MDLs being heard in West Virginia.

If you have been harmed by transvaginal mesh, know that Carey Danis & Lowe is available to discuss your legal options, to provide you with a free initial consultation, and to assist you with filing a transvaginal mesh lawsuit.

In addition, Carey Danis & Lowe has a team of on-staff nurses that are available to answer any of your questions relating to transvaginal mesh injuries.

Share your transvaginal mesh story with Carey Danis & Lowe. Call us at 800.721.2519, or by completing a confidential personal injury claim form.

Stay current on the latest transvaginal mesh lawsuit news by reading the Carey Danis & Lowe personal injury litigation blog.

C. R. Bard Mesh Lawsuit News: Reimbursement for Legal Fees Refused

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

cr_bard_transvaginal_mesh_lawsuit_claims_settlementsThe latest from the West Virginia transvaginal mesh multidistrict litigations (MDLs) involves the case of Linda Rizzo, a plaintiff who removed her case from the C. R. Bard MDL in September for undisclosed reasons. Rizzo’s lawsuit was one of four selected to be heard as a bellwether case. As the transvaginal mesh manufacturer, C. R. Bard, had expended funds in preparation for the trial, following the case’s removal, C. R. Bard requested that the plaintiff cover the cost of their legal expenses.

Judge Joseph R. Goodwin, who is presiding over the C. R. Bard MDL along with the other five transvaginal mesh MDLs in West Virginia, ruled that as the case did not go to trial, and thus, did not result in a negative conclusion for C. R. Bard, he would not demand the plaintiff to cover legal expenses. However, Judge Goodwin did ask that the plaintiff reimburse the defendant for any fees incurred during the pretrial period.

The St. Louis class action attorneys at Carey Danis & Lowe represent victims of defective medical devices, including those women who believe that they have been injured by transvaginal mesh products. We are currently investigating transvaginal mesh cases, and are offering free case evaluations. Speak to Carey Danis & Lowe about your legal options, and for assistance with filing a transvaginal mesh lawsuit.

We also work with medical experts who are available to discuss with you the health impacts of certain transvaginal mesh products. They can explain in depth about transvaginal mesh erosion and contraction.

Share your story of how transvaginal mesh has impacted your life. Contact Carey Danis & Lowe today at 800.721.2519, or complete a confidential personal injury claim form.

Learn more about the C. R. Bard MDL in West Virginia through our personal injury litigation blog. Read more on the Rizzo mesh lawsuit and the outcome of one the Cisson v C. R. Bard lawsuit.

New Court Document Filed in Consolidated West Virginia Transvaginal Mesh Lawsuits

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginal_mesh_lawsuit_settlements_mdl_multidistrict_litigation_class_action_lawsuit_vaginal_mesh_fda_lawsuitsA new pretrial order document has been filed in two of the six transvaginal mesh multidistrict litigations (MDLs) in a federal court in West Virginia. Filed in the Ethicon MDL and the American Medical Systems MDL, the court document pertains to severing claims. According to the court document, written by Judge Joseph R. Goodwin, there are two transvaginal mesh lawsuits consolidated into the Ethicon MDL, and three lawsuits consolidated into the American Medical Systems MDL, that wrongly combine more than one plaintiff into a single case.

Judge Goodwin ruled to dismiss the co-plaintiffs from these five lawsuits due to the inappropriate merging of plaintiffs into one lawsuit. However, these individuals have been granted the opportunity to resubmit their claims to the West Virginia federal court.

Lawsuits that name spouses as a co-plaintiff will not be dismissed and do not require separate filings, as the claims demonstrate relation.

Carey Danis & Lowe represents victims of defective medical devices, including those who have used transvaginal mesh products manufactured by Ethicon and American Medical Systems. We frequently hear from women who believe that their injuries, pain, and suffering are the result of having been implanted with a defective transvaginal mesh device.

If you have injuries that you believe originated from defective transvaginal mesh, you may have a case worthy of compensation. Contact the St. Louis class action attorneys at Carey Danis & Lowe for a free case evaluation.

Furthermore, if you would like to learn more about how transvaginal mesh can impact your health, speak with one of our on-staff nurses, who can tell you more about transvaginal mesh erosion and mesh contraction.

Share your story about how a defective medical device has impacted your life with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim form.

Also, learn more about these West Virginia MDLs by reading about settlement discussions and about a recent jury verdict in Cisson v C. R. Bard. Check the Carey Danis & Lowe personal injury litigation blog frequently for updates on transvaginal mesh lawsuits and more.

Transvaginal Mesh Lawsuit News: Judge Rules in Accordance with Jury’s Verdict

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

cr_bard_transvaginal_mesh_lawsuit_claims_settlementsIn West Virginia, the C. R. Bard multidistrict litigation (MDL) bellwether trial involving plaintiff Donna Cisson has finally been settled. In August 2013, the jury decided upon an award of $250,000 in compensation and $1.75 million as punitive damages. According to court documents, Judge Goodwin ruled in accordance with the jury in validating the verdict.

In addition, Judge Goodwin found that the plaintiff’s counsel presented evidence of a defective medical device.

Like many women who have filed claims against mesh manufacturers, Donna Cisson points to the C. R. Bard Avaulta Plus transvaginal mesh for causing injuries to organs along with dyspareunia and transvaginal mesh erosion. Plagued by pain, bleeding, and bladder spasms, Cisson underwent a number of surgical operations whose purpose was mesh removal, according to Bloomberg.

In addition, Cisson claims that C. R. Bard acted against patient safety in not warning healthcare providers and patients about the risks associated with a transvaginal mesh implant.

As Cisson’s case was the first transvaginal mesh lawsuit to be heard in a federal court, news that Judge Goodwin upheld the verdict is important. According to the team of transvaginal mesh attorneys at Carey Danis & Lowe, Judge Goodwin’s ruling highlights the importance of a strong case.

Carey Danis & Lowe is a national law firm headquartered in St. Louis that provides legal counsel to individuals who have been injured by defective medical devices, such as C. R. Bard’s Avaulta transvaginal mesh. Our St. Louis class action attorneys are currently offering free legal evaluations of transvaginal mesh cases. Discuss your compensation eligibility with one of our attorneys, who can also help file a transvaginal mesh lawsuit.

Also, for a brief background on transvaginal mesh injuries, consult the Carey Danis & Lowe transvaginal mesh injury and lawsuit resource, or speak with one of our on-staff medical experts.

Share your story of how a defective medical device has impacted your quality of life with us today. Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim.

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.

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.