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Mesh Verdict stands against Johnson & Johnson

Justice Peaking Blog

Good news for the thousands of women injured by pelvic mesh. The first mesh verdict against Johnson & Johnson and Ethicon stands. Federal judge Joseph Goodwin has denied J&J and Ethicon attorneys’ motions to overturn the unanimous $3.27 million verdict awarded to an Illinois woman Sept. 5, 2014 in the multidistrict litigation (MDL) court in West Virginia.
J&J, Ethicon face 26,000 …

Pelvic Mesh Case returned to Texas State Court


The legal machinations of Johnson & Johnson have been rejected by a federal judge.
After almost three years of pretrial discovery and hearings, the case of a San Antonio woman vs. Johnson & Johnson and Ethicon was all set to be tried where it was filed, in Bexar (pronounced: Bear) County court in San Antonio, in July 2015. The plaintiff resides …

Bard IVC Filter Lawsuits Centralized in Federal MDL


The U.S. Judicial Panel on Multidistrict Litigation (JPML) has established a single court to consolidate all the Bard VC filter lawsuits filed against C.R. Bard. All Bard cases will be centralized in the federal court system under one judge in Arizona.
Some two dozen Bard Recovery filter lawsuits and Bard G2 filter lawsuits sit pending in U.S. District Courts across the …

Zofran Birth Defect Lawsuit filed in Texas


A Zofran lawsuit was filed in Texas federal court April 17, 2015. It claims Zofran, an anti-nausea medication, can cause birth defects in babies born to mothers taking the drug during pregnancy.
Filed in U.S. District Court, Texarkana District of Texas, the lawsuit alleges that a woman’s use of Zofran in her pregnancy’s first trimester caused her baby’s congenital birth defects. …

J&J fails its Credo with Pelvic Mesh


Righteous words are nice, but not if they stand alone. They’re not nice at all if they’re not backed by deeds. In fact, words are only self serving, hypocritical, even just flat out cynical when their meaning is not followed by matching deeds. In the case of Johnson & Johnson and its ethically challenged division of Ethicon (emphasis ours), …

First Woman to beat J&J in Mesh Case dies


A Texas woman who won the first jury judgment against Johnson & Johnson and Ethicon over a defective mesh sling product has died. Linda Batiste, 65, bravely beat J&J last year, but lost her battle with cancer on August 8 in Garland, Texas.
A Louisiana native, Ms. Batiste was awarded $1.2 million by a Dallas jury on April 3, 2014. Walking …

Johnson & Johnson faces multiple lawsuits

The Johnson & Johnson logo is arranged for a photograph in New York, U.S., on Monday, April 15, 2013. Johnson & Johnson is scheduled to release earnings data on April 16. Photographer: Scott Eells/Bloomberg via Getty Images

Stock shock jock Jim Cramer has said Johnson & Johnson needs to break itself up. The company runs three different businesses under one banner: pharmaceuticals, medical devices, consumer health care products. Cramer says the product lines are too diverse and don’t overlap.
The Mad Money show host said: “I think these divisions could do better separately than as one combined company …

Merck Vaccine Fraud

6000 percent increase

Former Merck scientists have accused their former employer of falsifying tests of an exclusive mumps vaccine in recently filed court papers. Big Pharma giant Merck has yet to answer the charges.
Lawyers representing the scientists have asked U.S. Magistrate Judge Lynne Sitarski of the Eastern District of Pennsylvania to force the company to respond to their request for discovery, according to …

IVC Filter Lawyers want multi district court


IVC filter lawyers want a multi district court to handle litigation involving Bard IVC filters. Twelve plaintiffs’ law firms, including Matthews & Associates, petitioned the U.S. Judicial Panel on Multidistrict Litigation (JPML) to centralize lawsuits involving C.R. Bard IVC filters into one federal court.
Headquartered in New Jersey, CR Bard makes the Recovery, G2, and G2 Express filters. These temporary implants …

Zofran Case Consolidation requested by GlaxoSmithKline


Zofran Birth Defect Lawsuit Consolidation has been requested by GlaxoSmithKline (GSK), the maker of Zofran. GSK faces several lawsuits which allege that the drug maker failed to warn that taking the drug during the first trimester of pregnancy could lead to birth defects.
GSK wants Pennsylvania MDL
GlaxoSmithKline filed a motion on July 6, 2015 requesting that all current and future federal …

IVC Filters fail to improve Anticoagulant Therapy


A study published in Medscape April 2015 suggests retrievable inferior vena cava (IVC) filters fail to further improve outcomes in patients with severe acute pulmonary embolism, if those patients already receive anticoagulation therapy. The combination of a retrievable IVC filter plus anticoagulation failed to reduce the risk for symptomatic recurrent pulmonary embolism at three months, in comparison with anticoagulation alone.

Essure Safety examined by FDA


Amid reports of deaths linked to Essure, a permanent birth control device, an FDA panel has decided to investigate. Law360 reported on June 25, 2015 that an FDA panel will review the safety of Bayer HealthCare AG’s permanent birth control insert Essure.
The agency has received health problem reports not warned of on the product’s label. FDA said at least four …

Pelvic Mesh Trial set for Dallas Sept. 2015

Justice Peaking Blog

A trial date for the next pelvic mesh trial is set for September 21, 2015 in Dallas. The 95th Judicial District Court will hear the case with Judge Ken Molberg presiding. The plaintiff alleges that she was injured by a defective Ethicon Prosima mesh which was placed in her to treat pelvic organ prolapse. Ethicon recalled the Prosima sling from …

Nexium Heart Attack Risks


Nexium, Prilosec and Prevacid – heartburn drugs – have been linked to  increased heart attack risks. These proton pump inhibitor drugs (PPIs) are up to 21% more likely to give their users a   heart attack than people who do not use the antacids, according to researchers from Houston (Texas) Methodist  and California’s Stanford University. A recent  NPR radio report detailed …

Onglyza Diabetes Drug linked to Heart Failure


An FDA review published April 14, 2015 links the diabetes drug Onglyza to an increased risk of heart failure. Onglyza may also increase the risk of pancreatic cancer.
Onglyza (saxagliptin) – co-developed by Bristol Meyers Squibb and AstraZeneca – joins a list of some newer diabetes drugs that have alarmed patients and their doctors. Several lawsuits have  been filed regarding complications …

Zofran Birth Defect Lawsuit filed in Arkansas


The mother of a baby born with a cleft lip after she took  Zofran in her first trimester filed a lawsuit against GlaxoSmithKline (GSK) on May 21, 2015. The suit charges the company failed to warn of the drug’s birth defect risks.
The Arkansas mother, Jill Cox, filed her case in the the U.S. District Court for the Eastern District of …

Depakote Lawsuit brings $38 Million Verdict


On May 27, 2015, a jury in St. Louis, Missouri awarded $38 million to a Minnesota girl injured by Depakote. The jury added $23 million in punitive damages to the $15 million they had earlier awarded the now 12-year-old girl. The jury agreed with plaintiff’s attorneys’ charges that Depakote, an epilepsy drug made by Abbott Laboratories, caused the girl’s birth …

FBI examines Hysterectomy Device Cancer Link

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The Wall Street Journal reported on May 27, 2015 that the FBI is investigating whether Johnson & Johnson, the largest maker of a morcellator surgical tool found to spread uterine cancer, knew about the hazards.
People who have been interviewed by the FBI regarding the morcellator said the agency is investigating what Johnson & Johnson knew about the morcellator’s hazards before …

Morcellators for Hysterectomy linked with Cancer

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Johnson & Johnson company Ethicon, Inc. halted sales last year of its power morcellators after federal health regulators issued morcellator warnings. The FDA no longer considers morcellators – used to remove fibroids or other noncancerous growths during a hysterectomy or a myomectomy – to be safe and effective.
Morcellators Recalled
Johnson & Johnson voluntarily recalled three of its power morcellators last year …

$100 Million Mesh Verdict for Delaware Woman

Justice Peaking Blog

May 28, 2015 – A Delaware jury ordered Boston Scientific to pay a woman $100 million in damages today for injuries she suffered from having been implanted with plastic transvaginal mesh.
It was a record amount, surpassing the previous high of $73 million awarded to a Texas woman last Sept. in Dallas. The Delaware jury awarded Deborah Barba $25 million in …

Next Pelvic Mesh Trial for Matthews & Associates


The country’s next pelvic mesh trial in the country will be tried by Matthews & Associates Law Firm of Houston. It will be the fourth such trial handled by the firm, which has won jury verdicts for plaintiffs in each of its three prior transvaginal mesh trials, along with lawyers from Freese & Goss.
Ramirez vs. Johnson & Johnson
Ramirez vs. Johnson …

Actos Settlement $2.4 Billion


An Actos settlement of $2.4 billion to pay some 9,000 cases brought by U.S. citizens who allege Actos’ maker Takeda concealed the drug’s cancer risks. Actos is a diabetes medicine sold by the Osaka, Japan company. Takeda lost five lawsuits in which plaintiffs charged that Actos raised the risk of bladder cancer, including one case in which a jury …

Benicar Lawsuits centralized in New Jersey


A panel of federal judges has centralized 15 Benicar Lawsuits against Daiichi Sankyo and Forest Laboratories in New Jersey federal court. Plaintiffs in these cases allege Benicar caused them severe gastrointestinal injuries which include chronic diarrhea, malnutrition, dehydration and sprue-like enteropathy.
Benicar Lawsuit Evaluation
If you or a loved one has been injured by the side effects of Benicar (olmesartan), contact our …

Johnson & Johnson alleges Fraud in Massive Pelvic Mesh Filings


Johnson & Johnson and Ethicon  filed a motion in the pelvic mesh MDL in West Virginia alleging, among other things, that there is a direct relationship between the number of filings in the MDL and the inappropriate direct solicitation of women by unscrupulous groups and individuals. Based on these alleged solicitations, Ethicon suggested to the Court that many of the …

Teva’s Generic Profits rival Drug Brands


Supreme Court Rules Generic Drugs are not Equivalent
With help from five corporate champions that sit on the U.S. Supreme Court, generic drug giant Teva has cracked the world’s top ten drug makers in profits. The world’s largest generic drug maker, however, falls far shy of the top ten list for drug companies that are treated like most adults, those that …

CT Scans deliver Dangerous Radiation


Because heavy doses of ionizing radiation are known to cause leukemia and other cancers, a new study shows that CT scans may not be the best diagnostic tool for doctors. The federally funded, $40 million study shows that people who receive a heart CT scan to investigate chest pain have no less risk of dying or being hospitalized months afterwards …

Johnson & Johnson sells Contaminated Children’s Tylenol


A Johnson & Johnson unit plead guilty March 10, 2015 to selling children’s medications contaminated with metal particles and other toxic substances including nickel, iron and chromium. J&J and McNeil-PPC Inc. agreed to pay $20 million in criminal fines in addition to the guilty plea for selling contaminated children’s versions of over-the-counter medications including Tylenol and Motrin.
J&J consistently fails its …

Johnson & Johnson hit with $5.7 Million Pelvic Mesh Verdict


Johnson & Johnson and Ethicon lost a $5.7 million jury verdict in Bakersfield, Calif. today, March 5, 2015. A jury of 12 awarded plaintiff Coleen Perry $700,000 in actual damages and $5 million in punitives after three days of  deliberation following a two-month trial. It was the fourth pelvic mesh jury trial which ended in jurors awarding more than $1 …

Zofran Birth Defect Risks


The anti-nausea drug Zofran increases birth defect risks, including heart defects, cleft lip and cleft palate. The FDA has not approved Zofran use for pregnant women. No long-term studies have proven Zofran (generic, Oldansetron) is safe for pregnant mothers. Nevertheless, some doctors continue to prescribe Zofran off-label for severe morning sickness.
Zofran Birth Defect Risks
Though at least one study of Zofran …

Dr. Margolis testifies against Johnson & Johnson

Tom Margolis

Dr. Tom Margolis testified against Johnson & Johnson for the plaintiff, Coleen Perry, on Feb. 10, 2015 in Bakersfield, Calif. in her ongoing trial against the Big Pharma giant and Ethicon.
Through questioning, Dr. Margolis testified that he has performed more than 15,000 female pelvic floor surgeries, some 5,500 for stress urinary incontinence. The plaintiff, Mrs. Perry, had an Ethicon sling …

Plaintiff testifies in Pelvic Mesh Trial against Johnson & Johnson


Defense lawyers for Johnson & Johnson put the con in Ethicon last week. They claimed during opening statement in Perry vs. Ethicon (see the petition) that plaintiff Coleen Perry had contacted lawyers before undergoing additional surgery to have her pelvic mesh sling removed. The cynical implication was clear: she had the sling removed in order to sue the company. But …

Johnson & Johnson faces Mesh Trial in California


Johnson & Johnson faces another pelvic mesh trial in California this week, in Superior Court in Kern County. (See Perry v. Ethicon Petition) The bellwether jury trial in product liability suit alleges that pelvic mesh manufactured by Johnson & Johnson’s Ethicon unit was defectively designed and caused injuries after being implanted in plaintiff Colleen Perry. This is the first case …

Transvaginal Mesh Trial for Woman killed by Infection


Jane Akre of Mesh Medical Device News Desk reports from Missouri that Dr. Anne Weber testified this week on day four of the trial of Budke v. Ethicon (Johnson & Johnson). Family survivors of Joan Budke claim Johnson & Johnson’s Prolift pelvic mesh implant led to her death 16 months after the experimental plastic contraption was sewn inside her. Ms. …

Judge urges Mesh Maker to settle Cases


It’s not often that a federal judge urges a defendant to settle cases. But a judge with tens of thousands of cases in his court, a judge with the largest MDL in the history of MDL courts, might be granted some leeway for taking unprecedented action. According to, at a Dec. 9 hearing in Charleston, W. Va., U.S. district …

Xarelto Maker, Marketer fight MDL


Xarelto Maker and Marketer, Bayer AG and Johnson & Johnson, are both resisting the creation of a multi district litigation court (MDL) to handle Xarelto cases. Bloomberg reported last week that Bayer AG and Johnson & Johnson, the companies that make and market Xarelto, respectively, do not want to centralize 50 lawsuits into one federal court under one judge. The …

Boston Scientific loses $18.5 Million Federal Verdict

Boston Scientific

Boston Scientific Corp. (BSX) just lost a transvaginal mesh trial for the second time in two weeks.  In a West Va. federal courtroom on Nov. 20, jurors found the company had sold defective vaginal mesh implants to four women who had brought suit against the company.
Jurors deliberated for more than six hours, then awarded $18.5 million in total damages to …

$27 Million Verdict against Boston Scientific

Boston Scientific

MIAMI — A federal jury in Florida on Nov. 13, 2014 hit Boston Scientific Corp. with a $26.7 million verdict in a trial that featured four women as plaintiffs. All four testified that they were injured by a defective pelvic mesh implant. The nine-person jury in the defective product trial of the women’s pelvic mesh product made by Boston Scientific …

Bankruptcy & your Lawsuit

Lizy Santiago

Many people who have filed a drug injury lawsuit against a pharmaceutical company are also dealing with financial woes. A person with a drug injury case has often sustained substantial medical costs as well as work loss, all of which can lead to near-catastrophic financial difficulties. Many people who find themselves in such a position have consider or will consider …

Transvaginal Mesh Catastrophe


The idea of implanting pelvic mesh for pelvic organ prolapse or stress urinary incontinence may sound somewhat sensible; but the application and reality are not. The idea of mesh is that it is easier to install than it is to simply suture, as was done for 50 years, before a man had a notion to sew plastic into a woman’s …

Verdicts Mount to $100 Million against Transvaginal Mesh Makers

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Nearly $100 Million in Damages in Six Trials
As six more transvaginal mesh trials are scheduled for the next year around the country, mesh makers can take little solace from the outcomes of six trials won by plaintiffs so far.  Those six alone have rendered nearly $100 million in damage awards for women implanted with the plastic products the manufacturers claim …

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