Tag

Pinnacle Archives - Carey Danis & Lowe

$100 Million Awarded to Plaintiff in Transvaginal Mesh Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitA woman who suffered serious injuries from a transvaginal mesh implant received a $100 million award in a jury verdict. The trial occurred in a state court in Delaware in May 2015.

The woman in the case, Deborah Barba, filed a transvaginal mesh lawsuit against Boston Scientific after sustaining injuries from the company’s Pinnacle and Advantage Fit vaginal mesh products.

Barba claimed to have suffered from mesh erosion, according to a Bloomberg article on the trial.

The plaintiff also experienced chronic pain, and was unable to have sexual intercourse.

According to an article from The Guardian, Barba underwent 2 surgical procedures to remove her mesh implant. Both procedures were unsuccessful in complete removal.

In addition to her claims of physical injury, the plaintiff claimed that Boston Scientific’s transvaginal mesh was defective, and that the company concealed the design defects from patients and health care providers.

The Delaware jury agreed with the plaintiff on these allegations.

The jury awarded Barba $25 million in compensatory damages and $75 million in punitive damages.

The award handed to the plaintiff by the jury is the largest to date in a transvaginal mesh lawsuit involving Boston Scientific.

A Boston Scientific spokesperson told Bloomberg that the company plans to appeal the verdict.

Carey Danis & Lowe can help you.

Our law firm currently represents women who have suffered emotionally and physically from defective transvaginal mesh. We continue to investigate cases, and are available to discuss your case during a free case evaluation.

You can reach Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim form.

 

 

Boston Scientific Reaches First Settlement for Transvaginal Mesh Claims

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Kugel & Transvaginal Mesh Patch ComplicationsBoston Scientific Corporation has bowed under the pressure of juries awarding multimillions in favor of plaintiffs in transvaginal mesh cases. On April 28, 2015, Boston Scientific said it reached its first settlement agreement, resolving some of the lawsuits it faces involving its transvaginal mesh device.

In all, the medical device manufacturer expects to pay out approximately $119 million to settle 3000 cases. In addition to those cases, the company estimates that there are more than 25,000 other mesh claims in state and federal courts.

Initially, $26.7 million was awarded to 4 women in Miami; they were implanted with the company’s Pinnacle device for pelvic organ prolapse. One week later an $18.5 million verdict was reached in West Virginia, again for 4 women, harmed by the Massachusetts-based company’s Obtryx device, used for urinary incontinence.

Clearly, these plaintiff wins were not good news for Boston Scientific, and it was in the company’s best interest to establish a settlement before more cases went to trial. Now as part of the new $119 million agreement, a Dallas County, Texas case with a $35 million judgement has been bundled into the settlement.

For the settlement, the company will transfer funds into an escrow account by Oct. 1. Additionally, the company will establish a process for others harmed by transvaginal mesh to participate in the settlement.

Carey Danis & Lowe Can Help You and Your Family

If you or someone you love was harmed by a Boston Scientific transvaginal mesh product, you and your loved ones may have a case eligible for compensation. Discuss your case and legal options with a Carey Danis & Lowe defective medical device attorney.

Carey Danis & Lowe class action attorneys have years of experience in handling personal injury and pharmaceutical litigation. We work closely with our on-staff medical experts and our clients to develop solid cases.

Our initial consultations are free.

To find out more about filing a transvaginal mesh lawsuit, contact Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim.

Speculation Circulating on Boston Scientific Transvaginal Mesh Lawsuit Settlement

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitLegal experts, among them defective medical device lawyers at Carey Danis & Lowe, have been closely following the Boston Scientific transvaginal mesh lawsuits, and have remarked on how the company’s two recent losses in Florida and West Virginia must be placing an increased amount of pressure to propose a transvaginal mesh lawsuit settlement.

The Florida case resulted in a $26.7 million verdict, and the West Virginia jury awarded the plaintiffs an $18.5 million package.

These multimillion dollar verdicts are indicative of how much is due to each plaintiff for injuries related to use of Boston Scientific transvaginal mesh products. The Florida case involved the Pinnacle product, which is used to treat pelvic organ prolapse (POP). The lawsuit involved four plaintiffs. The West Virginia case involved another Boston Scientific product, the Obtryx, used to treat stress urinary incontinence (SUI). The West Virginia lawsuit involved four plaintiffs as well.

According to Reuters, each of the four plaintiffs in the Florida case received anywhere from $6.5 – 6.7 million, and in the West Virginia case, the four plaintiffs received anywhere between $3.25 – 4.25 million.

Though it cannot be said for certain that each transvaginal mesh case will see compensation similar to what transpired in Florida and West Virginia, the compensatory trend established thus far is in the favor of plaintiffs. It is a positive outcome to have juries fairly compensate these plaintiffs who have suffered tremendously from defective transvaginal mesh.

Furthermore, these two cases have legal analysts speculating that Boston Scientific may be feeling the pressure to propose a settlement, especially if juries continue to dole out multimillion dollar verdicts.

Representing Transvaginal Mesh Victims

Carey Danis & Lowe is a St. Louis law firm that represents transvaginal mesh victims. Our personal injury and defective medical device lawyers have a deep understanding of the pain caused by these types of products, and as such, are dedicated to recovering losses for our clients.

If you or someone you love has been injured by transvaginal mesh, including the Boston Scientific Obtryx and Pinnacle, it is important to begin exploring legal options and compensation eligibility soon. Carey Danis & Lowe can offer you our professional advice on how to move forward with your case during a free, no-obligation case evaluation.

Share your transvaginal mesh story with Carey Danis & Lowe today. Contact our law offices by phone at 800.721.2519, or by completing a confidential 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.

First Round of Bellwether Presentations in Boston Scientific Mesh MDL Fruitless

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsIn the Boston Scientific mesh multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia, bellwether case presentations took place in early August. However, following case presentations from both sides, U.S. District Judge Joseph R. Goodwin found the selections unfit for bellwether trials.

According to court documents, the plaintiffs presented cases that involved several different products. Furthermore, the bellwether cases selected by the defendants conflicted with the statute of limitations. Judge Goodwin described the bellwether case selections as presenting too many unique elements.

Left unsatisfied with the selections, Judge Goodwin ordered both sides to compile a new list of bellwether cases for presentation that are more representative. In addition to the stipulation that the bellwether case selections be representative, Judge Goodwin also set additional guidelines for both sides to follow in this second round of case selections.

In developing its second list of bellwether cases, both sides were ordered to adhere to an eight case maximum. According to court documents, the cases must concern only one Boston Scientific product, including the Obtryx, Advantage/Fit, Pinnacle, and Uphold. Furthermore, cases must involve plaintiffs anywhere from 40 to 60 years of age with anywhere from 0 to 3 revision surgeries. Also, these cases must avoid conflicts with the statute of limitations.

Judge Goodwin will soon select the bellwether cases for the Boston Scientific mesh MDL, as both sides submitted their second list of bellwether cases on August 12, 2013. Judge Goodwin will select six cases from the pool.

There will be three bellwether trials in the Boston Scientific mesh MDL, with the first trial scheduled for February 11, 2014. The following two bellwether trials will take place on June 17, 2014 and September 9, 2014.

Though there have been some minor bumps in the road, the Boston Scientific mesh MDL continues to make progress in a fairly efficient manner.

The transvaginal mesh lawyers at Carey Danis & Lowe find that an efficient legal process is vital in ensuring that justice is properly served. Carey Danis & Lowe is pleased by Judge Goodwin’s order to have both sides resubmit bellwether selections due to a lack of representative cases. Selecting representative cases for trial is an important part of the multidistrict litigation process, as it maintains efficiency.

Carey Danis & Lowe transvaginal mesh lawyers are currently accepting vaginal mesh cases. Contact Carey Danis & Lowe today to speak with an experienced transvaginal mesh lawyer. We offer free legal evaluations, as well as medical advice from our nurses and medical experts.

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

New Lawsuit on DePuy ASR Hip Replacement: Severe Adverse Events

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

Published May 14, 2012 on LawsuitInformation.org

According to court documents, on May 7th 2012, a Virginia woman, Abbdella Brown, filed a lawsuit in Ohio Northern District Court (case no. 1:2012dp21074) against DePuy Orthopaedics alleging she suffered serious injuries due to ASR Hip Implant Device. DePuy Orthopeadics, a subsidiary of Johnson & Johnson, is defending lawsuits in multidistrict litigations alleging that its ASR hip replacement (MDL 2197) and the metal-on-metal Pinnacle hip replacement systems (MDL 2244) were defectively designed. In August 2010, the DePuy ASR hips were recalled.

San Diego, CA (PRWEB) May 14, 2012

The media spotlight is often a double-edged sword. No one knows this better than Abbdella Brown. And yet, gossip and rumor-mongering aside, the real story here is being overlooked according to Sean Burke.

According to court documents, on May 7th 2012, a 51-year-old woman from Williamsburg, Virginia, Abbdella Brown, filed a lawsuit in Ohio Northern District Court (case no. 1:2012dp21074) against DePuy Orthopaedics, a subsidiary of Johnson & Johnson, alleging she suffered serious injuries due to ASR Hip Implant Device. Plaintiff was implanted with a DePuy ASR hip implant in February 2007.

In October 2010, Brown suffered pain, as well as elevated chromium and cobalt levels resulting in the need for revision surgery, allegedly due to her implants. Brown had the ASR hip replacements explanted in June 2011. In August 2010, a Johnson And Johnson Recall of the DePuy ASR was announced.

DePuy Orthopeadics is defending lawsuits in Multidistrict Litigations alleging that its ASR hip replacement (MDL 2197) and the metal-on-metal Pinnacle hip replacement systems (MDL 2244) were defectively designed.

More than 6,000 lawsuits are pending against Johnson & Johnson over its defective DePuy ASR hip replacements. Judge David A. Katz, who is overseeing the federal MDL in the U.S. District Court for the Northern District of Ohio, said it includes about 4,200 suits. The other 2,000 cases are filed in state courts, including Nevada, Florida, California, Maryland, Utah and Wisconsin.

In March 2012, results of a study presented at the British Hip Society Annual Conference, showed that DePuy ASR XL device had a higher than anticipated early failure rate as the rate of second operations, or revisions, ranged from 21% after four years to 49% after six years.