Articles Posted in Hernia Mesh

Our law firm is taking new hernia mesh lawsuits.  This page is about Atrium Proloop and ProLite hernia mesh lawsuits.

The Atrium ProLite and ProLoop are the latest hernia mesh implants to become the subject of a large number of product liability lawsuits.

With the number of hernia mesh lawsuits involving the ProLite and ProLoop devices growing rapidly, a motion has been filed with the Judicial Panel on Multidistrict Litigation requesting that the cases be consolidated into a new MDL.

If you have a Ethicon Physicomesh lawsuit, here are 8 things you want to know.

  1. Ethicon Physiomesh

The Physiomesh was introduced in 2010 and had an absorbable film coating on each side of the mesh. It was designed to minimize inflammation and incorporate the patch into the body. Ethicon, a subsidiary of Johnson & Johnson, manufactured the Physiomesh.

vaginal mesh lawsuitsThe big news last week is that C.R. Bard will pay $21 million to settle 500 vaginal mesh lawsuits filed against it.

Good deal for plaintiffs?  Not so much.  This comes out to a little over $40,000 a case.  Most of the women in these complaints have suffered real injuries with organ damage.  So you get painful and often debilitating complications from these surgical mesh implants and you get $40,000?  What on earth is happening here besides C.R. Bard’s stock price shooting up after the announcement?

The Method to the Madness

I think C.R. Bard is playing a little psychological trick.  It’s smart, and it just might work a little unless the victims and their lawyers are smart.

If you ask the average vaginal mesh victim how much they expect to get in a settlement, the numbers would range from a few thousand dollars to millions.  No one is given any guidance on what the settlement amounts of these cases are, or even the ranges of values.

Lawyers talk themselves into circles when asked about the settlement value of the case.  No one wants to give a straight answer because no one wants to be wrong.  If you were to guess the outcome of the average settlement of a mass tort case from the beginning, you would probably be very wrong.  I like tracking the pay-per-click costs of drug injury cases.  They make the stock market seem stable.  The expected values of these cases rise and fall and rise and fall and where it stops, no one knows.

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bard avaulta mesh settlement

Another vaginal mesh settlement

The last case in a series of Bard Avaulta Mesh bellwether trials has settled just weeks before it was scheduled to go to trial.

Anyone paying attention could see this coming.  C. R. Bard does not want to take another verdict in these cases.   Why not just work harder to settle them all?   Well, that is a question I don’t have an answer to… it just makes no sense. It will happen soon.  But I think Bard’s defense counsel will make a lot more money first.

While details of the settlement have not been disclosed, it brings an end to the three cases chosen for early trial dates in attempts to assist the parties gauge how juries might respond to evidence and testimony that will more than likely be repeated through the litigation of these cases.

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Transvaginal mesh lawsuits pending around the country were sparked when the FDA issued a Public Health Alert in October 2008 revealing that it had received 1,000 reports of serious injuries associated with vaginal mesh products over a three-year period. In July 2011, the FDA warned that complaints associated with transvaginal prolapse repair had grown five-fold since the 2008 alert.  It stated that it no longer considered these types of injuries to be rare.   This was a big deal because that is what women were sold: complications would be very unlikely. According to the FDA and what we have seen with the inquiries that have come to our law firm, the most common vaginal mesh complications included chronic infections, organ damage, and mesh erosion and shrinkage. Women have filed claims in massive numbers since then.

Every major manufacturer has been sued. vaginal mesh bellwetherAmerican Medical Systems (AMS), based in Minnesota, is a major manufacturer of transvaginal mesh medical devices, support systems designed to correct pelvic organ prolapse, (POP), and stress urinary incontinence (SUI).  Johnson & Johnson is the global leader in prolapse mesh, followed by American Medical Systems, Boston Scientific, and Bard.  Currently, of the six different vaginal mesh multi-district litigations (MDLs) centralized before U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia, the largest MDL is the American Medical System (AMS) mesh lawsuits.  The products were manufactured by the subsidiary of Endo Health Solutions, Inc.  As of September 2013, there were 9,930 cases filed against AMS.

Dangerous Side Effects of Transvaginal Mesh Patches Include

More than 30,000 complaints have been filed nationwide involving complications associated with vaginal mesh surgery.  Women have been waiting forever to resolve these claims.  Now, new hope is on the horizon as global settlement talks have begun.

vaginal mesh settlementsC.R. Bard, American Medical Systems (AMS), Boston Scientific, Coloplast Corp, and Cook Medical and a few other smaller companies are now negotiating settlement with plaintiffs’ counsel.

Who is missing from the table?  If you are following these cases, you can guess:  Johnson & Johnson (Ethicon).   Typical.

The vaginal mesh cases are heating up everywhere as plaintiffs’ lawyers, who frankly smell blood, are pushing with greater vigor to get and hold trial dates.  Multi-million dollar verdicts will do that.

In the Boston Scientific transvaginal mesh cases, lawyers are pushing fast to get a trial date and are expected to get one soon.  How do you define “soon” in tort law?  Early next year.

vaginal mesh cases

Mesh cases are starting to speed towards justice.

About 2,600 Kugel hernia mesh lawsuits have reached a settlement.

At a hearing last Thursday, the lawyers for C.R. Bard told the MDL judge that of the 3,400 to 4,000 cases in inventory, there has been a settlement with over 100 plaintiffs’ law firms. The remaining lawsuits – many of which are very serious injury cases – will continue to proceed towards trial although the conventional wisdom is that most of these cases will also eventually reach a settlement. But cases that are set for trial are subject to an expedited discovery schedule. The court underscored the obvious: these cases are costly to try so if a settlement can be achieved now, that is a good thing.

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The Kugel mesh implant lawsuits suffered a minor blow when a Rhode Island jury rejected a plaintiff’s claim that he suffered severe internal injuries as a result of problems with the CR Bard’s Composix Kugel hernia patch.

In the case, Plaintiff’s lawsuit alleged that after his hernia surgery, his hernia patch broke causing Plaintiff severe injuries when the patch became intertwined with his hernia. Plaintiff alleged that the patch caused a number of internal problems, including bowel obstruction and stomach pain. After a two-week trial, the jury found the defendant negligent but also found that Plaintiff failed to show causation. In other words, the jury was not convinced that the negligent design was the true cause of Plaintiff’s injuries.

While this case is a win for the defendant, it is also a win for plaintiffs in that the jury found negligence. In the vast majority of these cases, plaintiffs will be able to show a causal relationship between the defect and the injury. I suspect that there will be an eventual settlement of the vast majority of these Kugel hernia patch lawsuits at some point and establishing negligence should further the possibility of settlement of the 3,000 plus remaining lawsuits.

The lawyers at our law firm are offering free case evaluations for women who may have potential Gynecare pelvic mesh lawsuits. Many women have suffered complications and injuries from transvaginal placement of surgical mesh, a procedure for urinary stress incontinence (USI or SUI) and pelvic organ prolapse (POP).

Urinary stress incontinence is a common problem for far more women than many realize – some 13 million of them in the United States. This condition often comes on after childbirth and also because of aging. Instead of selecting a diaper-like product, many women chose a procedure to solve their problem.

In these cases, pelvic mesh tape was woven through pelvic tissue and placed underneath the urethra to create a support sling. When the mesh tape works as designed, it can support the urethra when pressure is applied. Unfortunately, with ObTape and with Gynecare, women have had serious problems which include:

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