In the Superior Court of New Jersey the Honorable Carol E. Higbee has ordered the defendant, Johnson & Johnson’s Ethicon Inc., must disclose its communications with the FDA regarding the safety of its Gynecare line of transvaginal mesh products.

Communications Reviewed for Evidence of J&J Knowledge Dangerous and Defective

Plaintiff’s attorneys will be searching for additional evidence that Johnson & Johnson’s Ethicon Inc. knew the devices implanted in women were dangerous and defective. Attorneys hope to show that the Company continued to sell the devices though they knew of the dangers.  The FDA demanded Ethicon remove transvaginal mesh from the market for implant in 2007 while it determined whether the Gynecare Prolift was safe.  Ethicon refused.

 

UPDATE:  OCTOBER 9, 2012:  Appeal Filed in Kern County, CA to California Fifth Circuit Court of Appeals

More than 75,000 women a year have transvaginal mesh devices inserted vaginally to treat pelvic organs that bulge, or prolapse, or to deal with incontinence. (POP – Pelvic Organ Prolapse and SUI – Urinary Incontinence)

In July, a California jury awarded $5.5 million to Plaintiffs in a lawsuit involving C.R. Bard’s Avaulta Plus vaginal implant.

http://www.bloomberg.com/news/2012-05-02/bard-faces-first-federal-trial-over-vaginal-mesh-next-year-1-.html

C.R. Bard is based in Murray Hill, New Jersey, and a unit of New Brunswick.

Johnson & Johnson also faces litigation in U.S. state courts over their mesh products.

Johnson & Johnson recently confirmed that its Ethicon unit would stop marketing the Gynecare Prolift, Prolift+ M, TVT Secur and Prosima surgical mesh devices.

While the Gynecare Gynemesh Transvaginal Mesh product will remain on the market, its use will be restricted to abdominal surgeries only, Johnson & Johnson said.

 

Appeal of C.R. Bard’s Avaulta $5.5M Decision in California

On July 20, 2012, in the Superior Court for Kern County, California, a jury awarded plantiff Christine Scott and her husband $5.5 million in damages from a malfunctioning transvaginal mesh implant. (See Scott v. Kannappan, S-1500-CV-266034-WDE)

C.R. Bard’s Motion for New Trial was denied.  On October 09, 2012, C.R. Bard filed a Notice of Appeal in the matter in the Superior Court of Kern County, California.

NOTICE OF APPEAL FILED BY APPELLANT/C.R. BARD, FROM THE JUDGMENT/ORDER OF 07/23/12 & 09/10/12.

Here is the link to the CA Appellate filings in the C.R. Bard case:  http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=5&doc_id=2029394&doc_no=F066039

The appeal will be filed in the Fifth District Court of Appeals for California.

The record for appeal is set to be filed January 22, 2012.  There are at this time no briefs filed.

The next C.R. Bard trial is set in New Jersey in February of 2013.