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Scheduled Mesh Bellwether Trial vs. C.R. Bard Postponed Anew

January 14 2014, 15:11pm

The thousands of vaginal mesh victims who are eagerly awaiting the fourth bellwether trial against C.R. Bard may have to wait a few more days after the scheduled hearing of the vaginal mesh lawsuit of Carolyn Jones was postponed anew.

Trial for the claim of Miss Jones was supposed to commence on January 10, 2014 but was postponed due to the inability of one of the key witnesses for the plaintiff to appear on said date. It was reported that the wife of Dr. Donald Ostergard, a California-based obstetrician, had to be hospitalized urgently just a few days before his scheduled court appearance in the US District Court for the Southern District of West Virginia.

The request for a continuance was granted by the court without any opposition from the defendants. Date for the hearing of the vaginal mesh claim of Carolyn Jones will still be determined, according to court records.

This is indeed unfortunate for the plaintiff considering that this trial had already been postponed at least three times. Earlier this week the plaintiff received very encouraging news when Judge Goodwin denied Bard’s request for the exclusion of the company’s internal memos as evidence in the case.

Read More: C.R. Bard’s Request to Exclude Memos From Vaginal Mesh Trial Denied

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Severe Sanctions Requested by Vaginal Mesh Plaintiffs against Ethicon

December 4 2013, 21:42pm


The removal of the “statute of limitations” defense in all future trials and the granting of default judgments to plaintiffs involved in the bellwether cases against Ethicon are two major sanctions asked by plaintiffs in their petition submitted to Judge Joseph of the US District Court for the Southern District of West Virginia.


This motion was initiated by the plaintiffs after discovering that thousands of documents and evidences containing information relevant to the pending vaginal mesh lawsuits have been lost or removed by Ethicon, a subsidiary of Johnson & Johnson.


Observers note that with so many important witnesses who were connected with the company for several years, only a handful of documents were presented during pretrial procedures.


Plaintiffs contend that this is a serious transgression and must be dealt with accordingly. In addition to the suggestions mentioned earlier, they have also requested the court to declare Ethicon as ineligible to invoke the “learned intermediary” defense in all future trials and to issue “spoliation instructions” to all future juries. Lastly, they feel that the defendant should be held responsible for all reasonable costs and fees associated with these requests.


Read More: Vaginal Mesh Plaintiffs Accuse Ethicon of Destroying Crucial Document

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Hysterectomy Increases Risk of Urinary Incontinence, Research Shows

November 22 2013, 20:01pm

Hysterectomy or the surgical removal of the uterus may not only result to vaginal vault prolapse but may also increase the risk of urinary incontinence, according to a research which was published in the medical journal The Lancet. Women who had hysterectomy are more than twice as likely to undergo an operation for urinary incontinence in the future, researchers from the Karolinska Institutet in Sweden say.

Next only to a caesarian section operation, hysterectomy is the second most common surgical procedure in the United States with over 600,000 operations performed annually. Reasons for this surgical operation include treatment for conditions such as irregular heavy menstrual bleeding, uterine fibroids, and repair of prolapse of the uterus. On one hand, urinary incontinence is the most common pelvic floor disorder with over 18 million women believed to be suffering from this disorder.

Using a nationwide hospital discharge registry for the years 1973 to 2003, Dr. Daniel Altman and his team of researchers gathered data on 644,766 Swedish women. A total of 165,260 women were determined to have had hysterectomies, while the remaining 479,506 respondents who were of the same age bracket did not have any surgical procedures to remove the uterus.

It was learned after analyzing the data that women who had hysterectomies were 2.4 times more likely to have surgeries for urinary incontinence, regardless of the type of hysterectomy operation performed. This risk was found to be highest within five years from time the uterus was removed although the risk remains during the patient’s lifetime. The risk of getting incontinence, it was further found, was higher if the hysterectomy was done before their menopause or after giving births.

The results of this study may have validated the connection between urinary incontinence and hysterectomy which many medical specialists have long believed. This confirmation may have significant implications to both the patient and the attending physician.

Before making a final decision, a woman who might consider having a hysterectomy may be made aware of the risks involved in such a procedure. On the part of the healthcare provider, knowledge of this possible consequence may prompt her to assess the circumstances more carefully before suggesting this procedure.

In view of the controversy surrounding vaginal sling procedures, a treatment method for SUI favored by many urogynecologic surgeons, these findings become even more significant. The use of these surgical mesh devices has reportedly caused severe complications to thousands of patients. These complaints have even come from women who were recommended to have sling procedures together with their hysterectomy.

Thousands of patients who were implanted with these mesh devices have allegedly sustained serious injuries causing pain and suffering, permanent disability, and considerable physical deformity. Patients were left no other choice but take legal actions such as filing of vaginal mesh lawsuits against different mesh manufacturers.



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