Mesh & Bladder Sling Lawsuit Settlement and Verdicts of 2015

C.R. BARD Inc.


August, 2015 C.R. BARD Inc. agreed to pay more than $200 Million to resolve around 3,000 transvaginal Mesh Claims. This is the most recent and one of the largest single settlements this litigation has seen. Unfortunately this settlement only covers a small fraction of the total claims against them about a 1/5 of their total case load.

Early this year BARD hired Nina Gussak, a Philadelphia-based lawyer with Pepper Hamilton LLP who was fundamental in helping GlaxoSmithKline in their 2012 settlement of the diabetes drug Avandia. Many legal professionals think this might be a positive sign that more settlements are around the corner.  

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Boston Scientific


April, 2015 Boston Scientific agreed to settle around 3000 of their cases for $119 million. Again this settlement only covers a very small portion of the claims leaving thousands of other women unsettled. Some might think Boston scientific would be wise to settle quickly as one month after this settlement they were ordered to pay a Delaware women $100 Million for her constant pain and inability to have sexual relations. This judgment that was handed down by a state based court in Delaware and found Boston Scientific’s Pinnacle and Advantage Fit inserts were defectively designed and company executives hid the flaws from plaintiff. The Jury also awarded $25 million in compensatory damages and fined the corporation with a $75 Million putative damage award. This was the largest single verdict against the company trumping the $73 Million a jury awarded a year earlier to a Texas women.

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Johnson and Johnson


Johnson and Johnson is a medical giant in their field and possibly the company facing the most claims. With so much to lose it could be seen why this company has remained so silent and have moved very slowly to offer any settlements. Their first and only major settlement was in January 2015 and this only covered 111 women, an extremely small number of claims. The exact details of this settlement are unknown because this information was never exposed to the public. They has also consistently stated their mesh products are safe and have admitted no fault or liability. They continue to uphold the safety of their implants despite the fact a federal Jury in West Virginia awarded 3.27 Million to a women in claiming her Ethicon Gynecare TVM implant caused permanent injuries and the corporation failed to properly warn her of these dangers. Judge Goodwin overseeing a majority of their mesh cases recently stated that 200 Ethicon Mesh cases were to start the pre-trial process. Goodwin has outlined a schedule making Ethicon wave one and setting the date of March 28, 2016 as the deadline that they be pre-trial ready.

 
 

AMS American Medical Systems


Just weeks prior to the BARD settlement AMS agreed to settle an unspecified amount of claims for $54.4 Million. This agreement similar to the J&J settlement was agreed to behind closed doors and the plaintiffs are not allowed to discuss the details. In May of 2014 AMS made one of the largest settlement offers that was estimated to settle about 20,000 claims for $830 Million. This settlement came with a host of conditions and rules on how the settlement would be distributed. The $830 Million is based on the 20,000 claims, if not all plaintiffs participate, the total settlement amount will be reduced by that amount. Also any firm that wants to participate in this settlement must have a majority of their claimants willing to accept the settlement. If a majority decline the firm will no longer be able to participate. This settlement is also still subject to court approval which means the entire agreement could be ruled invalid.

 

Coloplast


It was reported in 2011 that Coloplast the Danish device maker would agree to settle about 400 of their Mesh claims for $16 Million. Plaintiffs would receive on average about $40,000 each under this agreement. The details surrounding this agreement is also shrouded in secrecy as the plaintiffs are not allowed to discuss its details. Recent news has some speculating that Coloplast may be preparing for a wide scale settlement. On sept 23, 2015 Reuters reported that coloplast reduced its profit forecasting by 1/3 as they were forced to set aside an additional $448 Million for liability related to their Mesh Lawsuits here in the U.S.


Be sure to check back with lawsuit.watch for updates on the Transavaginal Mesh lawsuit and pelvic mesh settlements. 


 
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Other Important Trials Dates in 2015

Trial Date: Name: Location: Details:
Feb. 2015 Wise v. Bard MDL Settled
March 2015 Bellew v. Ethicon (Prolift) MDL Undisclosed Settlement
March 2015 Coleen Perry – Ethicon (J & J) Abbrevo sling – CA $5.7 Million Verdict
May 2015 Sanchez v. Boston Scientific (Pinnacle) California Undisclosed Settlement
May 2015 Deborah Barda v. Boston Scientific (Pinnacle) Deleware $100 million
TBA 2015 Wave 1 & 2 v. Bard MDL (200 cases trial ready)
TBA 2015 Hall v. Boston Scientific Wisconsin  
TBA 2015 Figueroa v. Boston Scientific Texas  
TBA 2015 Wave 1 & 2 cases v. Boston Scientific MDL (200 cases trial ready)
TBA 2015 Lopez v. Boston Scientific (Solyx) California  
TBA 2015 Ramirez v. Ethicon    
September 2015 Caveness v. Ethicon (Prosima) Texas  
October 19 Cole v. Mentor OB Tape Georgia  
October 24 Way v. Bard Florida  
October 26 Rabiola v Ethicon (TVT-S, Prosima) Texas  
November 30 Bellwether v. Mentor OB Tape Georgia  
November 30 Sherrer v. Boston Scientific (Solyx) and Bard Missouri  
December 7 Mullins, et al v. Ethicon West Virginia  
Before Dec 2015 TBA v. Bard (Align) MDL  
Before Dec 2015 TBA v. Bard (Adjust) MDL  
December 7 Hammons v. Ethicon (Prolift) Pennsylvania  
 

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