An Assembly Line of Turned Heads and Blind Eyes in the Budke Family v. Ethicon Case

Word has come today from the Camden County, MO courtroom that Judge Hass has granted one of two motions filed by Johnson and Johnson on Friday in this case of alleged death by pelvic mesh filed by the remaining members of Mrs. Joan Budke’s family: her husband, three adult children, and grandchildren.

Johnson & Johnson filed a motion for a directed verdict to end the Budke case in their favor, citing a lack of a “preponderance of evidence” which is the legal measure of “proof” that a plaintiff’s attorney must present in a civil case to win. It is analogous to “proof beyond a reasonable doubt” in criminal cases. In this case, Adam Slater and his team were tasked with providing a preponderance of evidence that the Prolift implant was defective in design. Judge Hass denied this motion in yesterday’s proceedings, so the trial will proceed and hopefully make it to the jury.

Mr. Slater had better step up his game. Often times, the judge noted he was confused by the evidence presented and was not following any congruency to the unfolding story about the mesh’s connection to the demise of Mrs. Budke.

Also on Friday, JnJ filed a motion to prevent the jury from being able to award the family punitive damages. Judge Hass upheld this motion, and the jury members will, in fact, not be able to award punitive damages. I’m not sure what the judge’s reasoning on this motion is, other than to say that a similar motion by JnJ in the Linda Gross trial was upheld by the federal MDL judge, the Hon. Judge Goodwin.

Prolift Product in its box.

Prolift Product in its box.

It’s my opinion that it will be difficult for the jury to reach to an informed decision when they are not allowed to know two key facts:

1) JnJ voluntarily removed the Prolift years ago, citing “business reasons.”

2) JnJ has an estimated 30,000 other cases against them, pending in a federal multi-district litigation (MDL), some cases also involving the Prolift.

Through my research and interviews, I’ve learned that JnJ’s Prolift is widely considered in the medical, legal and patient communities to be one of the most injurious mesh products to ever have been on the market. The Prolift has a large amount of mesh when compared with newer “lightweight” meshes, as JnJ now markets new products including the company’s newest mesh product, the Artysan Y-shaped, lightweight mesh. Many urogynecologists have informally told me that such a heavy mesh would never have been indicated in a very mild form (stage 1) of incontinence.

JnJ's Artisyn Y-Shaped Mesh, a lighter weight polypropylene permanent mesh implant.

JnJ’s Artisyn Y-Shaped Mesh, a lighter weight polypropylene permanent mesh implant.

If there were ever a time to donate to the foundation, it would be now.

https://themeshwarriorfoundation.nationbuilder.com/donate

The Mesh Warrior Foundation for the injured sponsored the coverage of this trial in full, since none of the local or national “free press” has considered this case and other mesh cases to be newsworthy.

It takes funding to elevate the worldwide, manmade disaster of pelvic mesh beyond the bounds of our small community. If you are benefitting from this coverage, please consider donating to help TMWF recover the funds of sponsoring a journalist to be present during this trial and others. The financial decisions of a budding non-profit are difficult to make, but we felt you deserved to have a window into this unprecedented trial.

Thank you for your consideration, and any amount at all is greatly appreciated. Your donations make a huge difference as TMWF has little overhead and no paid employees, including yours truly.

I’d rather have $1 each from 1,500 donors than $1,500 from one donor. We all need to be involved. Our medical and judicial systems are not working for the taxpayers and clients who support their industries, and we need to send a loud message in solidarity. #WeWillNotComply. The “cures” for many ailments are proving to be much worse than the original illness. You have a choice not to comply. I will not comply with the tactics of a legal American drug cartel.

You can start with small steps, 1) by donating to this foundation or others who are passionately representing patient-centered healthcare and 2) refusing to comply with doctors who don’t do their homework, don’t listen to your concerns or questions or treat you as a second class citizen who doesn’t have the right to question their “medical opinion.”

#TMWF's Mesh Injury Awareness Bracelet

#TMWF’s Mesh Injury Awareness Bracelet

As always, I do not want to wallow in despair, and I don’t want you to either. There is hope. There are many of us working towards a better future for your family and ours. The #TMWF community showed up and funded the purchase of 5 #TMWF Mesh Injury Awareness Bracelets for the Budke family. We must stick together as a community.

To purchase any #TMWF Awareness items for yourself or loved ones, shop at our YES M.A.M. Market here:

http://www.tmwfoundation.org/yes_mam_market

or simply donate here:

http://themeshwarriorfoundation.nationbuilder.com/donate

5 responses

  1. My lawyer told me my was n trial n San Antonio Tx ..Started Jan 12 -2015 it was going to last 6 weeks ..I think they is another women n with me ..can’t find out anything ..

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    • Hmmmm… Lemme see what I can figure out about that. That is different than anything I’ve heard of before. I believe that Judge Goodwin ruled that their could be on more combined cases after the Florida group went to trial late last year.

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