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Paragard IUD Cases Rising

December 8, 2020 — The number of women alleging that their Paragard IUDs broke off inside of them during their removal is not slowing, but rather increasing at an alarming rate.  Those affected by the allegedly defective IUDs claim that Teva Pharmaceuticals, the manufacturer, failed to warn both them and their doctors about the risk of the IUD breaking during its removal.  The T-shaped arms of the device are claimed to become hard and brittle over time instead of maintaining their flexibility, becoming prone to snapping off when a doctor pulls out the IUD according to Teva’s instructions.  Because of the fragments left inside of the women, many have sustained injuries and have been forced to undergo additional procedures to retrieve the parts according to lawsuits.  In some cases, the additional procedures caused injuries as well. In the pending case of a Minnesota plaintiff, she had her Paragard implanted in July 2017 because “she wanted a form of birth control that was reversible and would allow her to conceive in the future,” New York Injury Law News reported, citing her lawsuit. When her doctor removed the IUD in November 2018, however, she claims that “the Paragard broke apart and had to be removed in various pieces,” causing the woman “significant bodily injuries,” an outcome that she claims neither she nor her doctor had been warned was a risk. There are currently 55 cases pending nationwide against the Paragard IUD manufacturers, including Teva Pharmaceuticals, with hundreds more anticipated to be filed in coming months, Law News reported. Reference: Frishberg, Hannah. “Paragard Iuds Break Apart and Cause Infection, Infertility: Suit.” New York Post, New York Post, 8 Dec. 2020, nypost.com/2020/12/08/paragard-iuds-break-apart-cause-infection-infertility-suit/

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| Read Time: < 1 minute | Defective Medical Devices

Thousands of Hernia Mesh Cases Consolidated and Preparing for Trial

Thousands of Cases Consolidated – Heading for Trial September 2018 – Thousands of cases have been consolidated in the U.S. District Court for the Northern District of Georgia in front of Judge Richard W. Story.  The Court entered an order in January 2018 which created an initial group of 34 cases to prepare for trial. The initial group of cases was supposed to be narrowed down to 10 by December 1, 2018, with a scheduled first trial for September 16, 2019.  However, the Judge issued an order pushing all deadlines out 75 days. The judge was expected to create a second group of cases in early 2019. References “Physiomesh/Hernia Mesh.” TorHoerman Law, LLC, 05 November 2020, https://www.torhoermanlaw.com/defective_product_lawsuit/hernia-mesh/

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Three Medical Manufacturers Due In Court In 2021 Over Hernia Mesh Lawsuits

Lawsuits against Bard, Ethicon, and Atrium resumed in 2021 after the COVID-19 pandemic stalled litigation. Nearly 15,000 claims have been filed against these three companies for their Hernia mesh products.  None of the companies have announced settlements in any lawsuit, but claims continue to rise. Source: Drug Watch

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| Read Time: 4 minutes | Defective Medical Devices

Currently Pending MDLs Against Hernia Mesh Manufacturers

October 2020 – There are currently three separate multidistrict litigations (MDLs) open against manufacturers of hernia mesh surgical devices, as listed below: Atrium C-QUR Mesh MDL In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, Case No.: 16-MD-2753 LM (New Hampshire). The judicial panel established the consolidated litigation in December 2016. To date, approximately 2,100 lawsuits over Atrium C-QUR mesh are pending in the U.S. District Court for the District of New Hampshire. The first bellwether trial was scheduled to begin in the spring of 2020, but was continued due to the COVID-19 pandemic. While the FDA has not yet recalled C-Qur mesh, the FDA has conducted multiple investigations into the potential consumer risks of C-Qur mesh, as well as the business practices of the product manufacturer, Atrium. In 2015, the FDA filed a lawsuit against Atrium, claiming the manufacturer had introduced adulterated medical devices into the market. FDA investigations into C-Qur mesh have opened inquiries into the potential dangers posed to consumers. While C-Qur is advertised as unlikely to create scar tissue or fuse with muscle tissue, there have been a large number adverse events reported by consumers — including allergic reactions, inflammation, bowel obstruction, infection, and a tendency to fuse with abdominal muscle tissue. These alleged medical issues were the basis for a number of healthcare professionals and hospitals to discontinue using C-Qur. Since the FDA’s investigation into Atrium, there have been many cases filed across several district courts. Plaintiff’s allegations range from adverse effects caused by C-Qur mesh to Atrium’s failure to properly warn consumers of the potential dangers involved with C-Qur. Ethicon Physiomesh MDL In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782 (New Jersey and Georgia). The Judicial Panel on Multidistrict Litigation established the MDL in June 2017. The U.S. District Court for the Northern District of Georgia oversees 2,989 pending lawsuits as of June 29, 2020. The worldwide recall of Ethicon’s Physiomesh Flexible Composite products in May 2016 came as a result of unpublished data from multiple European hernia registries that correlated Physiomesh and higher than average recurrence and revision rates as compared to other laparoscopic hernia meshes. Thousands of hernia mesh lawsuits filed against Ethicon were consolidated in a federal MDL and in a state court proceeding in New Jersey. Ethicon, Inc., a subsidiary of Johnson & Johnson, is based in New Jersey. The first bellwether trials against Ethicon in either MDL 2782 or the New Jersey state court proceedings were scheduled for 2020, but those schedules were disrupted due to the COVID-19 pandemic. On May 19, 2020, the court in MDL 2782 set the first trial for November 2, 2020. Davol/Bard Hernia Mesh MDL In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846 (Ohio and Rhode Island). The MDL panel established the litigation on August 2, 2018 over different brands of Bard Davol’s polypropylene products in the U.S. District Court for the Southern District of Ohio. On May 5, 2020, the court set the first federal Bard hernia mesh lawsuit for trial on September 29, 2020. There is a possibility this trial will be further postponed due to the Covid-19 pandemic. As of May 18, 2020, there were 7,098 cases filed in the federal Bard consolidated proceedings. Because C.R. Bard is headquartered in Rhode Island, many hernia mesh lawsuits have been filed in Rhode Island state court. Approximately 8,000 cases are pending against Bard in Rhode Island state court. Bard’s Ventralex mesh, Perfix plug and Composix Kugel mesh are the hernia mesh products most commonly at issue in these lawsuits. However, cases have been filed for injuries from over 20 Bard hernia mesh products including the 3D Max, Ventrio, Ventralex ST, Ventrio ST, Ventralight ST, Perfix Light Plug, Composix, Bard Mesh, Bard Soft Mesh and Sepramesh IP. Covidien Parietex and W.L. Gore Hernia Mesh Lawsuits In Re: Covidien Hernia Mesh Products Liability Litigation June 5, 2020 — Plaintiffs filed a motion asking that the U.S. Judicial Panel on Multidistrict Litigation transfer related Covidien hernia mesh product liability actions for coordination as a fifth MDL for hernia mesh litigation. In doing so, they recognized that the Panel had already established an MDL in 2016 for products manufactured by Atrium, in 2017 for products made by Ethicon, and in 2018 for products by Bard/ Davol. Covidien, Inc., a subsidiary of Medtronic, Inc., manufactured several hernia mesh products that are the target of personal injury lawsuits alleging injuries from Parietex Mesh, Parietex Composite Mesh/Patch and Parietex ProGrip Mesh. The Parietex products are unique because they are composed of polyester (polyethylene) rather than the polypropylene that most hernia mesh products are made of. The Plaintiffs claim that it is now necessary and appropriate for the Panel to establish a fifth MDL proceeding for the copy-cat cases that allege manufacturing, design, and warning defects in the hernia mesh Covidient products. Lawsuits have also been filed against W.L Gore for injuries from its Gore-Tex Mesh products. To date, neither the Covidien nor W.L. Gore cases have been consolidated at either the federal or state court level. Most Covidien hernia mesh lawsuits have been filed in Minnesota state courts, where Covidien is headquartered. Currently, there are over 140 state court hernia mesh lawsuits on file. The Judicial Panel on Multidistrict Litigation was scheduled to hear arguments on July 30, 2020 for and against consolidating the handful of Covidien lawsuits before a single federal court. References Doyle APC Law Firm. “Hernia Mesh Lawsuits & Settlements, Summer 2020 Update.”  Hernia Mesh Lawsuits and Settlements, 10 July 2020,  https://www.herniameshlawsuit.org/hernia-mesh-lawsuits-summer-2020-update/.

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New Hampshire Collects $600,000 In Damages In Suit Against Bard

The attorneys general of 48 states and the District of Columbia filed a lawsuit against CR Bard for $600 million, and states are beginning to recover damages in the case. The suit is based on claims that the medical manufacturer downplayed the risks of its transvaginal mesh. This misleading information cost states hundreds of thousands of dollars in Medicaid and state insurance claims.  New Hampshire, one state involved in the lawsuit and recently awarded $661,071; the state will allocate the money to its Consumer Protection Bureau.  Atrium is facing similar lawsuits to Bard for its hernia mesh product line. Source: New Hampshire Business Review

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Plaintiff’s Win in Bard IVC Filter MDL Upheld by 9th Circuit

The 9th U.S. District Court of Appeals affirmed the $3.6 million award to a plaintiff against Bard Medical. The MDL jury in Phoenix awarded the plaintiff $1.6 million in damages and $2 million in punitive damages finding that Bard knew the G2 device fractured, migrated, and caused perforations than other existing products and physicians should be warned. Source: Reuters

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| Read Time: 2 minutes | Dangerous Drugs

Your Wrongful Death Attorney

Unfortunately, at Gerling Law, our professional team is familiar with accidents that result in wrongful death. If you know someone who has passed away due to another person’s negligent behavior, we offer our deepest apologies. This time is difficult, painful, and unfair. To make the situation worse, these particular types of cases are often constricted by a statute of limitations. You and your family should be grieving at this time, not stressing over the legal process. Therefore, we invite you to leave the law to us. An Attorney Can Help According to the Centers for Disease Control and Prevention, more than 90,000 deaths occur throughout the United States due to medical malpractice, which is just one example of wrongful death. Wrongful death can occur from many types of accidents, including the following: an automobile accident, a slip, and fall accident, a workplace accident, a product liability accident, and more. As stated time and time again, accidents do happen every single day. However, when the accident could have been prevented, then the responsible party needs to be held accountable for his or her negligent actions. An educated and skilled attorney can help you. Firstly, the legal process can often be complicated and tedious. Second of all, it goes without saying that most clients, rightfully so, do not have a clear mind during this trying time. From tracking down witnesses to making phone calls on your behalf, at Gerling Law, our main concern is you. Contact a Gerling Wrongful Death Attorney Today Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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DePuy Settles Multi-state Lawsuit

DePuy, a Johnson & Johnson owned company, agreed to settle a hip implant lawsuit for $120 million. The suit, brought by the attorneys general of 46 states, accused the company of mis-marketing its hip implant product. In addition to paying damages, the settlement also dictates that DePuy must reevaluate its marketing and advertising strategies for its hip implants. Source: RyOrtho

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| Read Time: 2 minutes | Car Accident

Go With Experience

If you are searching for legal counsel in Evansville, Indianapolis, Louisville, Owensboro, or surrounding communities, contact Gerling Law. Our lawyers have one purpose: to make your life better through assertive advocacy, legal experience, and a commitment to results. For over five decades, our firm has helped individuals get their lives back after an accident or when they can no longer work due to an injury or illness. We are dedicated to getting the compensation you deserve and have a solid reputation as a large settlement attorney law firm. “I am proud that Gerling Law is a leading personal injury law firm. We have represented thousands of people over the past 50 year and obtained recoveries totaling more than $300 million,” stated Owner Gayle Gerling Pettinga. Professional Results Just some of the recoveries made by Gerling Law include: $7.5 Million Settlement; Brain Injury to Child; Auto and Tractor-Trailer Collision $3.01 Million Judgment; Permanent Brain Injury; Motorcycle – Tractor-Trailer Collision $2.5 Million Settlement; Wrongful Death; Auto and Tractor-Trailer Collision $2.1 Million Settlement; Traumatic Brain Injury; Motorcycle and Tractor-Trailer Collision $350,000 Settlement; Burn Injuries; Propane Tank Explosion $225,000 Settlement; Shoulder Injury; Pedestrian Struck by Auto Of course, these results are provided for informational purposes only and are not to be considered as a promise or guarantee as to the outcome of your specific case. Each case contains different facts and circumstances. The facts and circumstances of other cases will likely differ from the facts of the cases listed. Contingency At Gerling Law, we work on a contingency fee basis. That means you don’t have to pay us anything upfront or directly. We get paid only at the end of your case and when your case ends successfully. If your case is not successful, and you do not receive any kind of financial recovery, we will not charge you for the services we provided on your behalf. You’ll owe absolutely nothing. A Final Word Gerling Law has successfully represented clients from every walk of life and with every sort of legal challenge. We are confident that we can assist you with your legal needs. Clients are always treated fairly and with courtesy and respect. Every case receives the highest-quality representation matched by unparalleled integrity to obtain the compensation you deserve. Call the Gerling Firm today at 888-437-5464 for a no-obligation initial consultation.

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