Tagged Articles

defective design 12 articles

Insurer tries to skirt coverage for claims against Bard’s TVM, IVC Filters

An insurance company for C.R. Bard Inc. asked a New York federal court to let it skirt its obligation to cover Bard because the medical device maker did not follow proper protocols with the insurer when it entered into a settlement agreement with plaintiffs in a multidistrict litigation (MDL) alleging Bard’s transvaginal mesh implants cause serious injuries. Starr Surplus Insurance Co. says Bard failed to obtain written consent from excess insurance carriers, including itself, before agreeing to pay millions to settle claims from a 2010 transvaginal mesh MDL. Transvaginal mesh, also called vaginal mesh, pelvic mesh or bladder sling, is ... Read More

Federal jury hits Ethicon transvaginal mesh with $3.27 million verdict

Jo Huskey had no idea the turn her life would take after having a 30-minute procedure to implant Ethicon’s transvaginal mesh device in her body to correct urinary incontinence. Plaintiffs attorneys and their witnesses painted a picture for jurors of how the defectively designed device could erode into tissue and puncture neighboring organs causing serious complications from excruciating pain and incontinence to bleeding and infections. The jury responded with a $3.27 million verdict against Johnson & Johnson subsidiary Ethicon, finding the bladder sling was defectively designed and the company failed to warn the public of the potential risks. The product ... Read More

Another transvaginal mesh trial is underway in West Virginia

Another trial is underway in Charleston, W.Va., alleging defectively designed transvaginal mesh products caused serious injuries. The federal lawsuit was filed by Jo Huskey and her husband Allen against Ethicon Inc. and Johnson & Johnson. Transvaginal mesh, also referred to as vaginal mesh or bladder sling, is a type of surgical mesh used to treat pelvic floor disorders including pelvic organ prolapse and stress urinary incontinence. It is inserted through the vagina to hold up organs that have prolapsed out of place, putting pressure in the pelvic cavity and causing symptoms such as pain, discomfort and incontinence. The mesh has ... Read More

Second transvaginal mesh lawsuit against Boston Scientific goes to trial

The second bellwether trial involving injuries from Boston Scientific’s transvaginal mesh device is underway in Massachusetts state court, and plaintiffs are hoping for a different outcome than the first. Plaintiff Maria Cardenas is suing the medical device company claiming she suffered injuries from Boston Scientific’s defectively designed transvaginal mesh, also known as a bladder sling. The company is facing thousands of similar lawsuits in state and federal court over its pelvic mesh products, however Cardenas’ is the only the second to go to trial. The first bellwether case was brought by plaintiff Diane Albright, who claimed the company’s Pinnacle Pelvic Floor ... Read More

Surgeon: Metal hip implant failures led to ‘severe patient wreckage’

“I’d seen patients coming into the clinic complaining of groin pain. I saw it once and then again and then again and again,” Surgeon Antoni Nargol told Four Corners, an investigative news program for ABC News Australia. Nargol was referring to patients who had received ASR metal-on-metal hip replacement systems made by Johnson & Johnson subsidiary DePuy Orthopaedics. The devices were recalled in 2010 after mounting reports of premature failures and infections caused by heavy metal blood poisoning. New research shows that Johnson & Johnson knew the devices were defectively designed as early as 2006 – four years before the ... Read More

More government oversight credited for jump in medical device recalls

The number of medical device recalls has doubled in the past 10 years, according to a new report, a result of more government oversight and manufacturers doing a better job of halting sales of defective devices, officials say. Yearly recalls jumped from about 600 in 2003 to 1,200 in 2012, according to the report, which was prompted in 2011 by the Government Accountability Office (GAO). The largest rise was due to radiological devices, such as MRI and CT scanners, which have been found to register false positives and increase the risk of cancer. A fifth of the recalls in 2012 ... Read More

Transvaginal mesh side effects likely caused by defective design

Two women were told they could no longer have sexual intercourse with their partners after suffering complications related to their transvaginal mesh. “We’ve not got a sex life. It’s actually taken a toll on my marriage,” Linda, whose name was changed, told BBC. “I don’t even go to the doctor. I don’t even bother.” Both women were implanted with transvaginal mesh, a type of surgical mesh used to treat pelvic organ prolapse or stress urinary incontinence, common conditions that affect women due to childbirth, age or weight gain. Both women say they were injured by the devices and live in ... Read More

Woman files Mirena IUD injury lawsuit against Bayer

A Pennsylvania woman is suing Bayer Healthcare Pharmaceuticals because she became pregnant while using the company’s Mirena IUD birth control. She claims the implantable contraceptive device migrated from the cervix where it was implanted, and thus, failed to prevent contraception. Rebecca Syx filed the lawsuit in U.S. District Court in Philadelphia, claiming Bayer was negligent by manufacturing and marketing a defective device. According to the complaint, Rebecca was implanted with the Mirena intrauterine device, or IUD, in the spring of 2011. She went for a follow-up visit in mid-June, during which the doctor confirmed the IUD was in its proper ... Read More

Johnson and Johnson wants to conceal failure to preserve evidence in transvaginal mesh lawsuit

Johnson & Johnson is asking a West Virginia federal judge not to allow the plaintiff in an upcoming bellwether trial in multidistrict litigation over injuries caused by its transvaginal mesh to tell jurors that the company failed to preserve evidence. Johnson & Johnson claims the issue is no longer relevant to the case. U.S. Magistrate Judge Cheryl Eifert found the consumer health care giant had lost potential evidence in the case and suggested that jurors may need to hear about circumstances such as when a plaintiff’s physician relied on evidence provided by a sales representative whose records were destroyed. The ... Read More

Lawsuit filed against Bayer alleging injuries from Mirena IUD

Two and a half months after Tiffany Steele received a Mirena IUD, she learned that the contraceptive device had migrated from her cervix to her abdominal cavity, and she needed surgery to have it removed. Now Tiffany and her husband Robert want justice to be served. They have filed a lawsuit against Bayer Healthcare Pharmaceuticals, makers of the Mirena IUD, alleging defective manufacturing, defective design, failure to warn, negligence, strict liability, breach of implied warranty, breach of express warranty, negligent misrepresentation, fraudulent misrepresentation and fraud by concealment. Tiffany is not the only woman to suffer injuries from Bayer’s intrauterine device. ... Read More