After a nine day trial in the United States District Court for the Northern District of Indiana, a nine-member jury returned a $35 million verdict in favor of a northwest Indiana couple, Barbara and Anton Kaiser, for the injuries Barbara incurred from a Johnson & Johnson product, the Prolift transvaginal mesh. The jurors found that Johnson & Johnson, and its sub-division Ethicon, negligently designed the Prolift and failed to adequately warn of the device’s risks. The jury awarded the Kaisers $10 million in compensation for their injuries, and $25 million in punitive damages as punishment to Johnson & Johnson for its willful and wanton disregard for patient safety. The case is Barbara Kaiser et al v. Ethicon, Inc. et al., Case Number 2:17-cv-00114, in the United States District Court for the Northern District of Indiana. Jeff Kuntz was Co-Lead Counsel with Tom Plouff and Ed Wallace. Andy Faes of Wagstaff and Cartmell helped second chair the case.
At the conclusion of trial, Jon Kieffer, Vanessa Gross, and Adam Davis obtained a $6,723,021.00 damages award on behalf of the family of a young woman who had been killed in a two-vehicle collision. The case was filed by the surviving husband on behalf of himself and their three young children. The defendants in the case were the driver of the other vehicle, as well as the driver’s parents and their oil company. We argued, successfully, that the other driver was negligent in the operation of his vehicle at the time of the collision. We prevailed on our assertion that the other driver’s parents, who owned the vehicle, were negligent for allowing him to drive their car because they knew or should have known of his horrendous driving record. We succeeded on our claim that the parents’ oil company should be held liable because the accident occurred while the driver was in the course and scope of work for the oil company. We also prevailed on our claim of alter ego. As a result, we succeeded on all claims: negligence, negligent entrustment, agency, and alter ego. Survival, wrongful death, and Wentling damages were awarded. The $6,723,021.00 award is believed to be the largest reported compensatory damages award in a wrongful death case tried in Kansas, the largest reported negligent entrustment award in Kansas, and the largest reported “alter-ego” damages award in the state of Kansas.
A Bakersfield, Calif. jury returned a verdict awarding plaintiff Coleen M. Perry a total of $5.7 Million for damages as a result of a TVT-Abbrevo pelvic mesh sling device, manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.
According to court documents, the TVT-Abbrevo mid-urethral sling device, used to treat urinary incontinence had degraded and eroded in Perry’s body, leaving her with pain, painful intercourse and scar tissue even after the device was removed. Also according to court documents, Perry claimed that the device was defectively designed and that Ethicon had failed to properly warn of the dangers and made misrepresentations about the device.
The trial team for the plaintiff included Tom Cartmell, Rich Freese and Tim Goss of Freese & Goss and Pedro “Peter” de la Cerda of Edwards & de la Cerda, both in Dallas.
Read the entire press release: Client Wins $5.7 Million in TVT-Abbrevo Verdict against Johnson & Johnson in California State Court
Working with several law firms nationwide, Ty Hudson and other Wagstaff & Cartmell attorneys played a pivotal role in securing a $590 million combined class action settlement, contingent on federal court approval, of antitrust claims against seven private equity firms, including Bain Capital, Blackstone Group, Carlyle Group, Goldman Sachs, K.K.R., Silver Lake, and TPG.
The plaintiffs – former shareholders of companies acquired by the private equity firms – argued that the defendants illegally colluded to lower prices of certain corporate acquisitions.
Ty was one of several attorneys who presented oral arguments for plaintiffs during two days of summary judgment hearings in Boston in the U.S. District of Massachusetts, which produced favorable rulings for the plaintiffs and led to the settlement negotiations.
Being prepared for the courtroom, even if the case never gets there, is just one of the reasons why Wagstaff & Cartmell excels and gets results.
A federal jury in Charleston, West Virginia, returned a $3.27 million verdict in favor of plaintiff Jo Huskey and her husband for damages Huskey sustained from a TVT-O pelvic mesh sling device, manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.
The case was a bellwether trial, and the first to reach a verdict, in the federal multi-district litigation, In re Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327.
Jeffrey Kuntz, a partner at Wagstaff & Cartmell, was a key member of the trial team for the plaintiffs, cross-examining key defense experts and handling other trial witnesses.
Nationally known and respected as one of the leading firms in mass tort and product liability, Wagstaff & Cartmell is involved in thousands of cases pending across the United States involving various pelvic mesh devices alleged to have design and warning defects and that have caused serious injuries to thousands of women. Tom Cartmell is co-lead counsel for the Plaintiffs’ Steering Committee in the Ethicon MDL.