Bellwether Cases Chosen for NJ Mesh Litigation Against Bard and Ethicon

C.R. Bard has selected three additional cases for bellwether trials in consolidated litigation in the New Jersey Superior Court, now in Bergen County. Bard and Johnson & Johnson’s Ethicon subsidiary face 8,700 lawsuits in the state and federal MDLs.

Judge James J. DeLuca has docketed a total of eight bellwether cases, now including Angela Best v. CR Bard, Case No. 005140-15, Beverly Lewis v. CR Bard, Case No. 007558-15, and Lisa Moore v. CR Bard, Case No. 017575-14.

The next case management conference is scheduled on March 30, Docket No. BER-L-017610-14,
Master Case No. BER-L-17717-14, Civil Action Bard Litigation, Case No. 292.

Settlement and verdict

The state supreme court transferred the 355-case docket from Atlantic County in January.

  • In September 2015 Johnson & Johnson agreed to pay $5 million to settle the pelvic mesh lawsuit of Pamela Wicker, who required multiple surgeries to remove the material.
  • In February 2013 a jury awarded $11.1 million in the first bellwether trial in Gross v. Gynecare Inc., Superior Court of New Jersey, Law Division, Atlantic County, Docket No.: ATL-6966-10. The plaintiff, Linda Gross, a South Dakota nurse who complained of constant pain, underwent 18 operations after J&J’s Gynecare Prolift was implanted to shore up weakened pelvic muscles. The case was prosecuted by Mazie Slater Katz & Freeman of Roseland, NJ.

Bard faces 8,291 lawsuits MDL 2187 before in U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia. Ethicon faces 31,957 lawsuits in MDL 2327, also before Judge Goodwin.

In New Jersey, attorney Jeffrey S. Grand of Bernstein Liebhard LLP, is the Co-Plaintiffs’ Liaison Counsel. He serves with Co-Plaintiffs’ Liaison Counsel Fidelma L. Fitzpatrick and Jonathan D. Orent, Esquire, of Motley Rice LLC.

Transvaginal Mesh Side Effects

Pelvic mesh devices are surgically implanted for the correction of pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Among the potential injuries or side effects associated with defective pelvic mesh products are:

  • Chronic vaginal drainage
  • Erosion of the vaginal tissue
  • Feeling as though something is protruding from the vagina
  • Lower back pain
  • Mesh trim or removal in doctor’s office
  • One or more surgeries to repair or remove mesh
  • Pain during intercourse
  • Perforations of the bowel, bladder or blood vessels
  • Pressure or feeling of “fullness” in the lower abdomen
  • Reoccurrence of POP or SUI
  • Urinary problems
  • Vaginal bleeding
  • Vaginal infections
  • Vaginal pain not related to intercourse
  • Vaginal scarring

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