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Transvaginal Mesh Manufacturer Sets Aside $520 Million For Future Settlements

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Johnson & Johnson, Boston Scientific Corp, C.R. Bard Inc. and Endo Health Solutions Inc. all face large vaginal mesh injury lawsuits and a multidistrict litigation in West Virginia and various state courts around the Country. Of those four medical supply companies, Bard is the furthest along in litigation. Throughout these trials, we want to provide continual updates including both the corporations’ and the plaintiffs’ product liability arguments and the final outcomes. If you happen to know anyone harmed by a vaginal mesh product, made by one of these manufacturers or not, there is still time to file a complaint.

Endo Health Solutions Inc. (Parent Corporation to American Medical Systems) anticipates it will cost at least $520 million to settle or otherwise exit the product liability litigation it faces, which primarily consists of thousands of vaginal mesh injury cases relating to the following products:

Elevate: Anterior/Apical &Apical/Posterior Pro

Apogee

Perigee

Monarc Subfascial Hammock

Sparc Sling

Mini-Arc Precise Single Incision Sling

Mini-Arc Single Incision Sling

In-Fast Ultra Transvaginal Sling

BioArc

In 2013, Endo recorded an incremental pretax charge of about $316 million, increasing its product liability reserve to about $520 million as of the end of last year according to a securities filing. A loss in excess of that figure remains a “reasonable possibility,” Endo said.

The pharmaceutical company’s American Medical Systems Inc. (AMS) unit faces more than 20,000 lawsuits claiming its vaginal mesh products are defective and have caused chronic pain, incontinence and other injuries or relapses of previous conditions.

“The increase in our reserve reflects management’s ongoing assessment of our product liability portfolio, including the vaginal mesh cases, the status of the company’s ongoing settlement discussions related to vaginal mesh litigation and the inherent uncertainty as to the ultimate costs of resolving this litigation,” Endo said. “AMS and the company intend to contest vigorously all currently pending cases and any future cases… and to explore other options as appropriate in the best interests of the company.”

It said it believed the settlements, judgments and legal defense costs related to the mesh litigation may be covered in full or in part by its product liability insurance policies. It had not recovered any insurance money as of the end of 2013, however.

AMS transvaginal mesh jury trials are currently set for June 2, 2014 and July 7, 2014. AMS previously agreed to settle a small number of cases last year and the company is expected to attempt a global settlement of the cases pending in federal court in West Virginia before Judge Joseph R. Goodwin in 2014 or 2015.

If You Have Questions

If you or someone you love has questions, please contact the law firm of Childers, Schlueter and Smith, LLC based in Atlanta, Georgia.  Childers, Schlueter & Smith, LLC  attorneys will speak with you free of charge.  All inquiries are strictly confidential and will be handled with discretion.  Our trained transvaginal mesh implant lawyers are accustomed to handling personal matters like this.

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