Endo’s American Medical Scientific Mesh Unit Settles 20,000 Cases for $830 Million
Seeing the writing on the wall, Endo International announced on May 1, 2014 that they will pay $830 million to settle 20,000 cases involving women implanted with the AMS transvaginal mesh unit.
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This settlement will resolve most of the pending lawsuits with American Medical Scientific. In order to finalize the settlement, plaintiffs must fulfill certain requirements and are subject to verification of the implant and a medical records review. Under the current terms, each woman included in the settlement will received about $40,000. However, women may seek more damages if they faced multiple surgeries for device removal, according to plaintiffs’ attorneys.
In 2013, Endo agreed to pay some $54.5 million toward settling some of the pending suits. In February 2014, Endo Health Solutions was building a stockpile of cash in the amount of $520 million increasing reserves to cover expected fallout from the pelvic mesh litigation.
Vaginal Mesh Trial History
Bard has lost two jury trials, settled a third case after a jury selected, and settled a fourth before trial commenced. In July 2012, a California jury awarded Christine Scott and her husband $5.5 million after she underwent nine revision surgeries. Scott sued C.R. Bard in 2009 over its Avaulta Plus mesh product.
In February 2013, Linda Gross won $11.11 million in her lawsuit against Johnson & Johnson’s Ethicon brand over its Prolift vaginal mesh product. Gross had 18 surgeries. The New Jersey jury found that J&J failed to warn patients and doctors about the risks of its mesh products and made fraudulent misrepresentations.
On August 15, 2013, after about 12 hours of deliberation, the jury found for Donna Cisson in her vaginal mesh trial against manufacturer C.R. Bard Inc, and found damages in the amount of $250,000 and $1.75 million in punitive damages. The jury found that Bard failed to provide adequate warnings as to the defects in its vaginal mesh product and that the device was defective. Judge Joseph Goodwin upheld the 2 million verdict in October 2013 as appropriate and that Cisson’s attorneys proved the company’s vaginal mesh was the cause of her injuries. In Queen vs. Bard, starting trial immediately after Cisson, a settlement was reached after the jury was selected. Finally, Bard settled Melanie Virgil’s claims that Bard’s Avaulta Plus insert caused urinary problems before trial commenced in New Jersey.
On February 18, 2014, Judge Joseph Goodwin granted Ethicon’s Motion for Directed Verdict at the close of Plaintiff’s case in Lewis vs. Ethicon, Inc. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No. 2327, Carolyn Lewis, et al. v. Johnson & Johnson, et al., No. 2:12-4301, S.D. W.Va.).
On April 4, 2014, a Dallas jury found for the plaintiff Linda Batiste and ordered Johnson & Johnson to pay $1.2 million for its defective design of the Ethicon TVT-O pelvic mesh.
On September 29, 2014, the consolidated Boston Scientific mesh trial are scheduled to commence in the Southern District of Florida.
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