In 2011, Endo Health Solutions bought American Medical Systems, one of the manufacturers who is currently embroiled in the transvaginal mesh litigation, with over 5,000 pending lawsuits before Judge Joseph Goodwin. In 2008, women who used these devices began filing suits against American Medical Systems. In 2013, Endo agreed to pay some $54.5 million toward settling some of the pending suits.
According to regulatory filings, Endo Health Solutions is building a stockpile of cash in the amount of $520 million increasing reserves to cover expected fallout from the pelvic mesh litigation. Endo disclosed in a regulatory filing that the amount of money could increase due to the growing lawsuits and the ultimate outcome.
Click here to read the full article: Endo is Stocking up at Least $520M to Cover Vaginal Mesh Lawsuit Legal Costs
On the same day, Endo also announced it is settling with the Department of Justice for $192.7 million to resolve criminal and civil liability allegations brought by whistleblowers pertaining to claims it marketed Lidoderm, a patch approved to treat shingles pain, for off label uses including pain from diabetic neuropathy and carpal tunnel syndrome. The resolution includes a deferred prosecution agreement and forfeiture totaling $20.8 million and civil false claims settlements with the federal government and the states and the District of Columbia totaling $171.9 million. In a deferred prosecution agreement to resolve the charge, Endo Pharmaceuticals Inc. admitted that it intended that Lidoderm be used for unapproved indications and that it promoted Lidoderm to health care providers for those unapproved indications. The government alleged that, from March 1999 through December 2007, Endo caused false claims to be submitted to federal health care programs, including Medicaid, a jointly funded federal and state program, by promoting Lidoderm for unapproved uses, some of which were not medically accepted indications and, therefore, were not covered by the federal health care programs. Of the $171.9 million Endo has agreed to pay to resolve these civil claims, Endo will pay $137.7 million to the federal government and $34.2 million to the states and the District of Columbia.
Click here to read the full FiercePharma article: Endo Pharmaceuticals and Endo Health Solutions to Pay $192.7 Million to Resolve Criminal and Civil Liability Relating to Marketing of Prescription Drug Lidoderm for Unapproved Uses
Vaginal Mesh Trial History
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.
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.
Our office represents women who have suffered horribly from these mesh products. We remain committed to representing them to a successful conclusion of their cases.
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