An Appeal Upholds the Settlement of $11.1M Related to Ethicon Vaginal Mesh

A Johnson and Johnson vaginal mesh lawsuit that resulted in an $11.1 million verdict was recently upheld in an appeals court.  This was actually the first bellwether trial that alleged personal injury from Gynecare pelvic mesh implants made by J&J’s subsidiary Ethicon Inc.

12337-500x282The appellate court in New Jersey appellate court said that there was no reason to overturn the award that was given in the original trial.  Compensatory damages were in the amount of $3.35 million and there were $7.76 million awarded in punitive damages.  This was given to Linda Gross who was the plaintiff.

The Judges, Clarkson Fisher Jr., Marianna Espinosa and Garry Rothstadt made an unpublished opinion and they said “The jury was presented with sufficient evidence by which it could reasonably conclude that the lack of adequate warning was a proximate cause of plaintiff’s injuries”.

In the lawsuit the plaintiff stated that she had suffered from personal injuries that were serious.  She said that they were related to the mesh implant that she had received.  Because of these injuries she had 20 more surgeries in order to repair the damage that had been done by the vaginal mesh.

feat_beyersteinAs she was going through the trial she had testified that she was not aware of any potential damages that may arise from the pelvic mesh.  She said that if she had known about these dangers she would not have gone through with the implant.  She also stated that Ethicon did know about the dangers that were related to the product.  .

The judges had said that there was “substantial evidence” that showed Ethicon had known about the dangers but they did not take the necessary steps to inform patients about the product, or the dangers.

They said, “The evidence was sufficient to allow the jury to find an adequate warning would have prevented plaintiff’s injuries”.

ed2d3926cbc493ba5016ab2c1c1d2747By the middle of December in 2014 there had been more than 67,500 claims filed against numerous makers of transvaginal mesh and this included Ethicon. Lawsuits against Gynecare pelvic mesh say that the mesh can cause injury to the soft tissue as well as erosion, bleeding, infections and pain.  The plaintiffs have also reported that conditions such as pelvic prolapse and urinary incontinence make things worse.  Numerous individuals have had surgery to have the mesh removed.




Posted in Law

Florida Family Receives $29 Million in Case Concerning Smoker’s Death

South Florida lawyers took on the tobacco industry when a family lawyer in Delray Beach passed away at age 52 from lung cancer. In 1958, high school freshman Thomas Purdo of Detroit started smoking.

“He was influenced by the ads. He was influenced by the culture,” said Alex Alvarez, an attorney for the Purdo family. “In the last 1950s, smoking was normal. Smoking was seen as glamorous and cool. Boys wanted to emulate movie stars.”

His wife became pregnant in the early 1980s with their first child. He quit smoking when he got the news. However, in 1996, he received a diagnosis of lung cancer. A short year after his devastating diagnosis he had passed away. At the time of his death, his children were ages 9 and 15, and his wife, Linda, was left alone to raise them.

Many people think that after several years, the lungs simply go back to being healthy when someone no longer smokes. While improvements can and do occur, smoking still caused damage. Alvarez stated, “What matters is how long and how much you smoked. He had a very significant smoking history.”

In 2007, his family brought a lawsuit again Philip Morris USA and R.J. Reynolds Tobacco Co. When the case made it to trial in April, the tobacco companies attempted to defend themselves by stating that Purdue’s cancer was not caused by his smoking cigarettes. They argued that he must have had either prostate or stomach cancer first and that one of these cancers spread to his lungs.

in the history there have been a lot of lawsuit against big company, some of they were a media boom and all public has shifted they feelings about that practically brand or company.

However, Alvarez presented his medical records to show evidence that his cancer was primary lung cancer. This means that his cancer started in the lungs and not elsewhere in the body.

“He had three CT scans that never showed any prostate or stomach cancer until the very, very end,” argued Alvarez. “By that time it had already metastasized.”

The tobacco companies also presented the case that the companies did not force Purdo to start nor to continue smoking. They stuck to the idea that his smoking was a personal choice and that advertising and marketing did not play a role in him developing and sticking to his habit.

“When tragedy strikes, victims and their loved ones are left with questions as to how to proceed and handle the financial components of the situation,” says Joe and Martin of a South Carolina. “It is important that they get the information and support that they need so that they can keep their focus on recovering and supporting their loved one.”

The winning of this lawsuit is historic and something many thought could not be done. Many take on Big Tobacco and fail every day. While this does not bring Purdo back, it may help the family to find some closure. It may even help someone who wants to quit smoking, but simply needs something that will motivate them finally kick the smoking habit for good.


Child Injury Attorney and Police Try to Determine the Circumstances around Death of a Toddler


After the unusual circumstances surrounding the death of her two-year-old son, a woman recently hired a John Bales child injury attorney. The mother wishes to mourn privately, as the police sort the details out surrounding the child’s death. Her attorney is able to handle all legal and news matters on her behalf as she deals with the loss of her child and fights for justice.

Twenty-two-year-old man, Dason Darius Hogan, is suspected of killing his girlfriend’s two-year-old son, Michael Lee-Ashley Stem. He has been charged with first and second degree murder, first and second degree assault, as well as child abuse and is set to appear in a criminal court. Hogan has no blood relation to the child, though he was named by courts as the “de facto father.”

a5On the morning that the child died, he was alone with Hogan in a hotel room, in which Hogan, his girlfriend, and three children had been living. The child’s mother left for work that morning at her job at a nearby grocery store, while her other two children went to the bus stop.  Hogan made a trip to the grocery store to purchase food. According to the attorney representing the mother of the deceased, Hogan claimed that he fed Stem beans and hot dogs, then put the child into bed. Less than an hour after laying down, the child complained of a stomach ache and Hogan took him to the restroom to vomit. Hogan reportedly checked on him about 30 minutes after putting him back in bed and he was not breathing.

Once he noticed that the child was not breathing, he tried repeatedly to contact the mother by text and phone call.  Upon arriving back at the hotel, the mother told him Hogan to call 911. When the mother went into the child’s room, she observed bruising on his chest and abdomen. Hogan claims that the bruising was from assisting the child in vomiting, though he failed to mention that in his interview with police.

Hogan insisted that additional injuries and bruising on the body were from giving CPR to the child. The chief medical examiner in Baltimore said that after completing the autopsy, he concluded the injuries could not have been sustained by any rescue methods, such as CPR. They were consistent with aggressive hitting or kicking of the child.

An arrest warrant was issued for Hogan and he is currently in custody with a $500,000, no property bond. The judge presiding over this case set a high bail amount, making the release of Hogan highly unlikely.

It is in these types of cases, where a clear motive or method cannot be determine, a child injury attorney is very advantages. Such an attorney will be able to help the family of the victim receive the financial compensation they so deserve, for the emotional agony they have suffered. Hiring a child injury attorney is advantageous in cases like this. And our proposal is that it be John Bales Attorneys. These specialized attorneys to ensure the families all the justice the law has to offer.