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Archive for July, 2014
  • C.R. Bard recently agreed on transvaginal mesh settlements on more than 500 transvaginal mesh lawsuits over its Avaulta implant and several others. C.R. Bard agreed to resolve the complaints in the second quarter of 2014 but Bard did not disclose how much the transvaginal mesh settlements were for. However, C.R. Bard did acknowledge payments around $259 million during the first quarter for “product liability matters.” Lawsuits that were resolved in the first quarter similarly allege injuries caused by the company’s surgical mesh, which has been associated with mesh erosion, chronic pain, pain during sexual intercourse, scarring, infection and other side effects. According to a regulatory filing with the U.S. Securities and Exchange Commission, C.R. Bard said it “anticipates that multiple additional trials, including a possible consolidated trial, may occur in early 2015. Additional state court trials are scheduled throughout the second half of 2014.”

    “During the 2nd quarter of 2014, the company reached an agreement with 2 plaintiffs’ law firms to settle their inventory of cases, representing more than 500 of the filed or asserted Women’s Health Product Claims,” according to a recent Bard regulatory filing. “The company also settled one [multi-district litigation] case that was originally scheduled for trial in May 2014.”

    The company is also talking with other plaintiffs to explore settlement options. There are no MDT trials scheduled for the rest of this year, but Bard “anticipates that multiple additional trials, including a possible consolidated trial, may occur in early 2015. Additional state court trials are scheduled throughout the second half of 2014.”

    As of July 7, 2014, Bard tallied more than 12,400 plaintiffs had filed or asserted claims against the company for its various surgical continence products, including the Avaulta mesh. The company also counted 5 putative class actions in the U.S. and 4 in Canada already filed. Bard noted that about half of the total complaints should be shifted to one of its unnamed suppliers who “has an obligation to defend and indemnify the company with respect to any product defect liability.”

    Bard has already had more than one day in court. The company settled its 1st state court trial in 2012 with a judgment against the company in the amount of $3.6 million. The 1st MDT trial in 2013 also resulted in judgment against the company and a payment of about $2 million. Bard has already appealed the 2012 decision and plans to appeal the 2013 one as well, the company said.

    Pelvic mesh lawsuits have garnered worldwide attention as various campaigns have painted the devices as extremely harmful to women. FDA regulators have rejected petitions to ban the mesh outright, but have tentatively agreed that reclassifying the implants to a higher-risk category may be in order.

    Other countries have been eying the implants with increased scrutiny as well. Earlier this year, Scotland’s regional health boards agreed to suspend use of transvaginal mesh implants pending an investigation into complaints that the devices scar women for life.

    Pelvic mesh devices have been the subject of much public outcry over concerns that they may do more harm than good, especially since the FDA’s 2011 warning that the implants may expose patients to unnecessary risk. The product is used to treat pelvic organ prolapse, which occurs when internal organ support structures become so weak or stretched that organs, like the uterus, bladder or bowels, sag from their normal position and bulge or prolapse into the vagina.

    The mesh controversy has expanded over the years, with patient and consumer groups calling for recalls and for action against medical device makers responsible for manufacturing the devices. Earlier this year the Corporate Action Network asked state Attorney Generals to investigate Johnson & Johnson and its leadership for potential misconduct related to the manufacture and sale of pelvic mesh devices.

     

    Contact The Transvaginal Mesh Patient Network to get the Transvaginal Mesh Settlement you deserve!

    Reported by: Arezu Sarvestani, Mass Device

  • Boston Scientific Corp. (BSX) won the first case to go trial over its vaginal-mesh devices after a Massachusetts jury rejected a woman’s claims the mesh’s faulty design caused her injuries, a plaintiffs lawyer said.

    Jurors in state court in Massachusetts yesterday found Boston Scientific officials properly designed the Pinnacle mesh implanted in Diane Albright to support her pelvic muscles and adequately warned her about the device’s risks, Fred Thompson, one of the woman’s lawyers, said in a telephone interview.

    The verdict is first in more than 12,000 lawsuits in which women contend vaginal mesh made by Natick, Massachusetts-based Boston Scientific erodes, causing organ damage and pain, according to court filings. Boston Scientific and other makers of vaginal inserts that have been targeted in suits had talks earlier this year about settling cases over the devices, according to people familiar with the discussions.

    “We are pleased with the outcome,” Denise Kaigler, a spokeswoman for Boston Scientific, said in an e-mail. “Patient safety is of utmost importance to Boston Scientific and we dedicate significant resources to deliver safe, high-quality products.”

    Many of the implant cases against Boston Scientific and other manufacturers such as Johnson & Johnson and C.R. Bard Inc. have been consolidated before U.S. District Judge Joseph Goodwin in Charleston, West Virginia, for pretrial information exchanges. Other cases have been filed in state courts in Delaware, New Jersey, Massachusetts, Missouri and California.

    Juries in New Jersey and West Virginia over the past year have ruled J&J’s and Bard’s vaginal-mesh implants caused women’s injuries and ordered the companies to pay a total of more than $13 million in damages.

    The U.S. Food and Drug Administration ordered Boston Scientific, J&J and more than 30 other vaginal-implant makers in 2012 to study rates of organ damage and complications linked to the implants.

    In Albright’s case, jurors in Woburn, Massachusetts deliberated more than six hours over two days before rejecting the Ohio woman’s claims that Boston Scientific’s design of the Pinnacle mesh was flawed and company officials failed to properly warn her about the device’s risks, Thompson said. The vaginal insert was implanted in Albright in March 2010, according to court filings.

    Boston Scientific faces its next vaginal-mesh trial in state court in Wilmington, Delaware, in September, Thompson said.

    The case was Albright v. Boston Scientific Corp., 12-0909, Middlesex County Superior Court, Massachusetts (Woburn).

    This article is directly referenced from Bloomberg, credit: Jef Feeley in Wilmington, Delaware at jfeeley@bloomberg.net, Michael Hytha at mhytha@bloomberg.net, Peter Blumberg, Douglas Wong

  • There have been over 80,000 transvaginal mesh settlements in the United States, it’s time for a change.

    The FDA needs to reclassify mesh to High Risk so women everywhere can be protected! If you would like to speak up, please do so here.

    With your help, we can protect women everywhere and find a better solution to pelvic prolapse.

     

    If you or a loved one currently have a mesh implant, get your transvaginal mesh settlement before it’s too late. Our partnering site Pravati Legal Funding offers qualified transvaginal mesh attorney’s and transvaginal mesh pre-settlement funding.

  • The Transvaginal Mesh Patient Network knows how important community advocacy is and that’s why we want you involved more than ever!

    With the Transvaginal Mesh Statute of Limitations coming up, it’s important that women everywhere get a piece of the Transvaginal Mesh Settlement while they still can.

    We need more help and that’s why we are looking for community advocates to get involved with our upcoming press releases. If you are at the head of a support group for the victims of Transvaginal Mesh we want to put your name and group on our press release so we can all get this in the media. With our names out in the media, we can help get these women surgical funding, expert attorneys, and pre-settlement funding to get their life back on track.

    Thank you for helping and we look forward to making an impact with your assistance!

    Contact us now and we will reach out to you shortly!

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