Medical Devices & Drugs

Here at Meshbesher & Spence we have been helping patients and families harmed by defective medical devices and dangerous drugs for decades. Here is a list of some of the cases we are currently handling.

Recent News:

DePuy Settles Deceptive Marketing Claims Brought by 46 States – Johnson & Johnson and its DePuy Orthopaedics unit have agreed to pay $120 million to resolve deceptive marketing claims by several U.S. states over the company’s metal-on-metal hip implant.

Johnson & Johnson knew its Baby Powder Contained Asbestos Since the 1970s – Articles published by The New York Times ( and Reuters ( reveal that Johnson & Johnson (“J&J”) knew for decades that its baby powder likely contained asbestos.  There are currently more than 11,700 plaintiffs claiming that J&J’s baby powder caused their ovarian cancer and other cancers. Although J&J insists that such claims are based upon “junk” science, juries around the country have found the evidence quite persuasive. In May 2018, a California jury hit Johnson & Johnson with a $25.75 million verdict. And in July, a St. Louis jury awarded $550 million in compensatory damages to 22 plaintiffs and $4.14 billion in punitive damages.

Paclitaxel-Coated Balloons and Stents – Peripheral artery disease is a common circulatory problem in which narrowed arteries reduce blood flow to the extremities, resulting in leg pain when walking (claudication). This condition can be effectively treated with angioplasty, where a small balloon is inserted through an artery in the leg and advanced until it reaches the narrowed area. The balloon is then inflated, which flattens the plaque against the arterial wall, opening the artery and restoring blood flow. The balloon is then deflated and removed from the body, and a second balloon coated with an anti-proliferative  medication (such as the chemotherapy drug Paclitaxel) is inserted into the previously narrowed area and inflated, delivering the medication to the arterial wall and surrounding tissue. This medicated balloon is then deflated and removed from the body. The purpose of coating the balloon with Paclitaxel or other medications is to reduce the risk of vessel re-narrowing and occlusion.

A recent study published in the Journal of the American Heart Association ( reported an increased long-term risk of death beyond the first year following Paclitaxel-coated balloons in the femoropopliteal artery of the leg. The Heart Association concludes that further investigation into Paclitaxel drug-coated balloons are “urgently warranted”.

Drug or DeviceFDA RecallUseComplications to Watch For
Abilify & Rexulti Warning July 2013Antipsychotic MedsCompulsive behaviors including gambling
ActosBanned in EuropeDiabetesBladder Cancer
Asbestos Mining & ManufacturingMesothelioma & Lung Cancer
Bair Hugger®/infections Used for warming Patients during surgeryDeep joint infections following total hip and knee replacement
BenicarWarning July 2013High Blood PressureSevere diarrhea, unintended weight loss, immune system problems
DePuy™ Attune Knee System Total Knee ReplacementsLoosening of tibial baseplate, pain, inflammation, and decreased range of motion
Dicamba Herbicide SprayDamage to non-target plant species through spray drift and volatilization
Essure by Bayer Permanent birth controlDevice migrations, organ perforation, pelvic pain, heavy menstrual bleeding
Ethicon Staplers2019 RecallSurgical StaplingSerious adverse health consequences or death
Hip Replacements:

-Biomet magnum/M2a
-DePuy ASR
DePuy Pinnacle
Smith & Nephew R3
Stryker Rejuvenate
Stryker ABGII
Stryker “LFIT” V40
-Wright Profemur Z
-Zimmer Durom
Zimmer M/L Taper

Zimmer Durom (Recall August 2008)
Depuy ASR(Recall August 2010)
Stryker Rejuvenate & ABGII(Recall July 2012)
FDA action on all “Metal-on-Metal” hips 2013
Smith & Nephew R3(Recall 2013)
Hip ReplacementsEarly Revision Surgery: Metal particles in the blood; pain; development of psedotumors; dislocation;muscles damage
IVC Filters Filters used to prevent migration of blood clotsDevice can migrate,requiring emergency surgery and/or cause aortic rupture and death
MorcellatorWarning April 2014HysterectomyThe tool used in this laparoscopic surgery scatters cancer cells,immediately advancing a stage 1 cancer to stage 4; Death
Onglyza and Kombiglyze XR Type-2 diabetesHeart failure
Physiomesh™ Recall 2016Hernia meshMesh can migrate and/or erode into intestines or other internal organs
Radiation overdose and underdose injury Numerous treatments including cancerTissue death, paralysis, skin changes such as peeling and sores, and damage to other body parts and organs
RoundupAll-purpose weed killerType B-cell and C-cell lymphomas
Sorin 3T “Heater/Cooler”DevicesOctober 2015Used during cardiac surgery for patient warmingSerious infections including Nontuberculous Mycobacterium (NTM) infections,which may appear as long as 4 Years after surgery
Talcom Powder Baby power/feminine hygieneOvarian cancer
TaxotereLabel change January 2016Chemotherapy drug used for breast cancerAt least 10% of patients have permanent hair loss/baldness
Transvaginal Mesh (“TVM”) Warning July 2011Pelvic organ prolapse & stress urinary incontinenceOrgan perforations;erosion;recurrence of POP and/or SUI; pain; sexual Dysfunctions
Valsartan Warning August 2018High blood pressure and heart failureFever, Nausea, Vomiting, Liver/Kidney/Lung Dysfunction
ViagraJAMA study 2014sexual dysfunctionmelanoma
Pradaxa JAMA Study 2014Blood ThinnerUncontrolled bleeding, Hospitalization, Hemorrhagic stroke, Sometimes death
Zofran Nausea/Vomiting treatment for patients receiving cancer treatmentHigher chance of birth defects including: congenital heart defects, cleft palate, kidney malformation, club foot, jaundice, musculoskeletal

What is a “Mass Tort”?

A “Mass Tort” is a fancy way of saying something bad happened to a group of people. Sometimes that is a chemical spill that impacts property, sometimes that might mean an FDA recall of a particular medical device, and other times it might mean something like a train derailment. Our “mass tort”/class action attorneys represent large groups of people, who collectively bring a claim, usually against a corporate or business, to court. Here at Meshbesher & Spence, we are dedicated to protecting the rights of people who have been harmed by the wrongful acts of corporations, insurance companies, and other businesses. Our practice is focused on consumer fraud actions, private attorney general actions, multi-district litigation (“MDLs”), and class actions.

What is an “MDL”?

The United State Supreme Court promotes cost and time saving by coordinating certain cases so they can be heard together. The decision about whether the cases should be joined together or not is made by the “Judicial Panel on Multidistrict Litigation” also known as the JPML. Anytime an MDL is created, all Plaintiffs who file similar lawsuits in the federal court system will be consolidated and grouped with the other lawsuits filed in federal court. This process is known as Multidistrict Litigation (MDL). Whether the MDL process is right for you will depend on the facts of your case. At Meshbesher & Spence, we evaluate each case individually because we understand that each situation is unique. Contact us to discuss whether participating in the MDL or pursuing your lawsuit on an individual basis is the right strategy for your case.

Free Consultations

When you hire an attorney from Meshbesher & Spence, you will not pay any attorney fees until you receive compensation. In the event that you do not recover compensation for your injuries, you owe us nothing. This kind of pay structure is called a “contingent fee agreement”.

Why Choose Meshbesher & Spence?

The attorneys of Meshbesher & Spence have been representing families in crisis for over 50 years. Ron Meshbesher established his Minneapolis legal practice in 1961 with a skilled staff dedicated to preserving and defending the welfare of individuals and families. Our highly skilled litigators specialize in personal injury, class action, and civil litigation. The experienced lawyers at Meshbesher & Spence will help you seek compensation for your injuries.


Our team of attorneys has represented thousands of people from all over the United States, both individually and in groups, and have recovered tens of millions of dollars in compensation for our clients. Some of our past work includes:

  • A settlement in excess of $1.5 Billion for patients impacted by the Stryker Rejuvenate/ABGII recall (Genevieve Zimmerman was appointed to the Settlement Committee who negotiated this settlement)
  • $40 Million Settlement for Class Action settlement involving off-label pediatric use of the prescription drug Paxil
  • Representing individuals injured by the drugs including Vioxx, Fen-Phen, Baycol, Permax, Levaquin, Zicam & Avandia
  • Helping families who were wrongfully denied health insurance benefits
  • Assisting individuals who paid for drugs that were not as effective as claimed
  • Aiding individuals injured by medical devices such as cardiac defibrillators, heart pumps and cochlear implants

How long do I have to file a lawsuit?

Each state has its own “statute of limitations”, which is the state rule setting the maximum time when an injury claim must be filed. This is known as the statute of limitations. If a claim is not filed against the manufacturer, marketers, sellers or healthcare providers before the statute of limitation expires, you will be prevented from bringing your claim against the companies and persons who may have caused your injuries.

Our attorneys are ready to begin investigating your claim, and will do everything we can to advocate for you and your family. Contact Meshbesher & Spence today.

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