Tag Archives: Trial

Transvaginal Mesh Lawsuit Update: C.R. Bard Transvaginal Mesh Trial Resumes After Mistrial, Notes Hissey Kientz, LLP

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Austin, TX (PRWEB) July 31, 2013

The law firm of Hissey Kientz, LLP reports that the first transvaginal mesh bellwether trial against C.R. Bard resumed July 29, 2013 in federal court in West Virginia. According to documents filed in Cisson v. C.R. Bard Inc. (2:11-cv-00195; S.D.W.Va.), plaintiff Donna Cisson alleges that her Avaulta transvaginal mesh implant manufactured by C.R. Bard resulted in injuries such as pain, bleeding and bladder spasms.

U.S. District Judge Joseph R. Goodwin declared the first federal transvaginal mesh trial a mistrial on July 10, 2013 after a gynecological expert witness for Cisson testified about C.R. Bards mesh marketing practices in violation of his earlier ruling on the topic, according to a Bloomberg article from July 10, 2013.

According to the U.S. Food and Drug Administration (FDA), transvaginal mesh implants can cause patients to experience serious complications such as vaginal mesh erosion, mesh migration, organ perforation, severe pain, problems during intercourse, bleeding, infection and urinary problems.

In a Public Health Notification issued on July 13, 2011, the FDA revealed that it had received a total of 3,864 reports of complications involving transvaginal mesh products between 2008 and 2010.

Patients who have experienced vaginal mesh erosion, mesh migration, severe pain, problems during intercourse or bleeding after being implanted with transvaginal mesh may wish to speak with a lawyer to find out if they are eligible to file a lawsuit. For a free transvaginal mesh lawsuit consultation, contact the attorneys at Hissey Kientz, LLP by calling toll-free at 1-866-275-4454, or by email at info(at)hkllp(dot)com.


http://www.bloomberg.com/news/2013-07-10/cr-bard-case-over-vaginal-mesh-defects-declared-mistrial.html?cmpid=yhoo

About Hissey Kientz, LLP

Hissey Kientz, LLP (http://www.hkllp.com) represents individuals experiencing complications from transvaginal mesh, as well as victims of mesothelioma and other asbestos-related diseases, birth defects linked to the antidepressant drugs Zoloft, Lexapro, Celexa and Effexor, Medtronic Infuse Bone Grafts, Stryker and BioMet hip replacements, GranuFlo dialysis concentrate and other defective drugs and medical devices.







How to admit an expert witness in a mock trial case?

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Question by AHS: How to admit an expert witness in a mock trial case?
I know what expert witnesses are and what they are used for but I do not know how to ask the judge if I can admit them. I know once you give credit towards the witnesses education and/or experities, you say “your Honor, I would like to admit _________ as an expert witness” I need help asking if I can admit the witness by saying it formally…any information would be great. Thanks

Best answer:

Answer by KC V ™
Well…to start…as a part of “discovery” your expert witness should already be subpoenaed and as such you would only need to call him to testify from the court room.

Also…you’re not “admitting” him but “calling” him to testify. As an example “The defense now calls Mr. Expert to the stand.”

It would then be up to the defense or prosecution to voir dire him/her as an expert!

Know better? Leave your own answer in the comments!

Transvaginal Mesh Lawsuit News: Federal Bard Trial Scheduled to be Retried July 29, Rottenstein Law Group LLP Reports

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(PRWEB) July 29, 2013

The first federal bellwether trial for a Bard transvaginal mesh lawsuit was scheduled to start over today in Charleston, W.V., according to court documents. The Rottenstein Law Group LLP, a law firm that represents hundreds of transvaginal mesh plaintiffs, notes that the initial trial was declared a mistrial two weeks ago because of improper testimony from an expert witness.

Plaintiffs Dan and Donna Cisson allege that device manufacturer C.R. Bards Avaulta transvaginal mesh implant was designed defectively and caused Donna to suffer serious injury, according to court documents in Cisson v. C. R. Bard, Inc. (MDL-2187; 2:11-cv-00195; U.S. District Court for the Southern District of West Virginia).

We are pleased that the plaintiff has another opportunity for a trial, said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP.

Women who have filed vaginal mesh lawsuits allege that the devices have caused them to suffer several serious adverse side effects since implantation, including vaginal erosion. The mesh is used to treat pelvic organ prolapse and stress urinary incontinence. Recent vaginal mesh awards included a 2012 verdict in California against Bard which resulted in a $ 5.5 million damages award* to the plaintiff and a 2013 verdict against Ethicon that resulted in an $ 11 million award** to a woman who alleged serious injury from her implant.

The Rottenstein Law Group LLP encourages those who believe they have suffered from the alleged side effects of their vaginal mesh implants to download a free informational brochure from its website. Those who believe their mesh has injured them will find instructions and procedures for filing a vaginal mesh lawsuit, in addition to more information about side effects.

*bloomberg.com/news/2012-07-24/bard-must-pay-5-5-million-over-vaginal-mesh-implants.html (July 24, 2012)

**bloomberg.com/news/2013-02-28/j-j-owes-7-76-million-in-punitives-in-vaginal-mesh-case.html (Feb. 28, 2013)

About THE ROTTENSTEIN LAW GROUP LLP

The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)

Contact:

The Rottenstein Law Group LLP

Rochelle Rottenstein, Esq.

321 W. 44th Street

# 804

New York NY 10036

(212) 933-9500 (office phone)

(212) 933-9980 (facsimile)

rochelle (at) rotlaw (dot) com

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More Expert Witness Press Releases

How would I dress up like a history professor for mock trial? (Female, of course)?

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Question by Daniella: How would I dress up like a history professor for mock trial? (Female, of course)?
For 8th grade mock trial I am the “expert witness” and have to dress as a history professor. We are questioning president “Andrew Jackson” for our trial. What do I wear?

Best answer:

Answer by Chrispy
A long cotton dress of a solid color, a bonnet of a color that either matches or complements the dress, and perhaps a shawl.

Know better? Leave your own answer in the comments!

Double-murder trial delayed for new defense expert analysis

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Double-murder trial delayed for new defense expert analysis
The reversal, the judge said, came "for failure to grant the defense an expert witness." PTSD, Pounds conjectured, "isn't nearly as important" as other issues in Brown's case. And he termed likely trial testimony by the state as "contradictive" and in …
Read more on Northeast Mississippi Daily Journal

Brakes become key issue in deadly Calif. bus crash
It will encompass a broad range of factors, from road conditions to witness accounts, an exhaustive review of the vehicle to an evaluation of the driver and his decisions. Investigators have also taken a … Chris Medwell, an expert in heavy vehicle …
Read more on Boston Herald

Why Oncology Medical Expert Witnesses Present Many Options For Trial Attorneys

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New Canaan, CT (PRWEB) November 28, 2012

Legal cases involving oncology issues are bound to be emotional and straining on both the plaintiff and defendant. Since most people know someone who has died or beaten cancer, opinions on oncology cases are far and wide. As a trial attorney, understanding the nature of the case and identifying the correct expert, can be challenging at times.

Mednick Associates, a nationwide leading medical expert witness and legal nurse consulting firm, works with and locates numerous oncologists who are able to provide objective opinions on legal cases in a wide array of oncology specialties. Below are some screening questions they consider when faced with a case requiring an oncology expert witness.

1) Medical or Surgical?: Many oncology cases require a medical and surgical oncologist to review and opine. The difference lies in the specialty. A medical oncologist will opine on the nature of the cancer and the diagnosis, while the surgical oncologist will focus on the surgery related to the cancer. At times, they may disagree, which is why Mednick Associates makes sure to screen the case through both experts in order to present a consolidated opinion to their client.

2) What type of oncologist?: Many cancers present in specific parts of the anatomy and numerous physicians can opine on such a diagnosis. However, some such as liver cancer, may present as the cancer spreads throughout the body. Knowing the source of the cancer is important, as an oncologist who specializes in liver cancer may not be appropriate even though the patient presents with liver cancer. Mednick Associates, through their staff RNs, reviews the pertinent medical records, determines the true source of the cancer and finds the appropriate oncologist to opine. This saves time and money for their clients by avoiding unnecessary case reviews.

3) Is a non-oncologist required?: Many times the damages associated with an oncology case stem from issues caused by the cancer, but out of the realm of an oncologist, in terms of an opinion. Sometimes, endocrinologists, general surgeons, or internal medicine experts are required to opine on subsequent care, treatment or follow on procedures.

Mednick Associates handles hundreds of oncology cases per year, whether malpractice, tort or product liability related. With a network of over 75 oncologists and growing, they are able to screen cases quickly, identify the appropriate oncology expert witness and have a case reviewed for a plaintiff or defense attorney. Their experts are physicians first and only devote a small amount of their practice to legal work. This characteristic of their experts allows for a highly credible expert in the courtroom or at deposition. To contact them for further information on oncology or other medical expert specialties, please call 203.966.3000 or reach them online at http://www.mednickassociates.com.