Transvaginal Mesh Multidistrict Litigation Update: Judge’s Order Includes Parameters for Selection of Representative Bellwether Cases for Boston Scientific Litigation, Notes Parker Waichman LLP
Judge Joseph Goodwin issued a Pretrial Order revealing that he found it necessary for the parties to resubmit their bellwether selections to include more representative cases for the Boston Scientific Multidistrict Litigation (MDL), notes Parker Waichman LLP. Six transvaginal mesh MDLs have been formulated in the Southern District of West Virginia, with Parker Waichman LLP representing Plaintiffs who allege the devices are defective and can cause grave injury.
(PRWEB) August 13, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, reports that, according to a Pretrial Order dated Aug. 7, 2013, Judge Joseph Goodwin noted that it was necessary for the parties to resubmit their bellwether selections to include more representative cases. He then set a criterion to be followed in the selection of cases to serve as bellwether trials in the transvaginal mesh Multidistrict Litigation (MDL) involving Boston Scientific Corp. in U.S. District Court, Southern District of West Virginia. Parties were directed to submit revised bellwether selections by Aug. 12, 2013, from which the Court will select six, rather than five, according to the Order, which added that the three rounds of bellwether trials remain scheduled for Feb. 11, 2014; June 17, 2014; and Sept. 9, 2014. (In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326).
Per Judge Goodwin’s parameters, only single-product cases will be eligible and each Plaintiff’s age range should be from 40 to 60 years old at time of implant.
“We are indeed pleased that this small speed bump regarding bellwethers has been overcome,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “Considering the kinds of injuries these medical devices are alleged to have caused, it is important that we continue moving forward.”
Thousands of transvaginal mesh lawsuits have been formulated into six MDLs pending in U.S. District Court for the Southern District of West Virginia. Aside from the Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, there are five additional MDLs: In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2325; In Re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2187; In Re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327; In Re: Coloplast Corp., Pelvic Support Systems Products Liability Litigation, MDL No. 2387; and In Re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2440.
The U.S. Food and Drug Administration (FDA) reported on July 13, 2011, that the most common complications associated with transvaginal mesh may include:
- Mesh erosion through the vagina (also called exposure, extrusion, or protrusion)
- Pain during sexual intercourse (dyspareunia)
- Organ perforation
- Urinary problems
The FDA also stated that complications linked to transvaginal mesh implants are “not rare” and warned that use of such devices may actually be more harmful compared to alternative methods for treating pelvic organ prolapse.
Recently, the first transvaginal mesh lawsuit to go to trial led to an $11.1 million verdict in favor of the Plaintiff (Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey), according to a Feb. 28, 2013, Bloomberg report, which added that Gross’s lawsuit was the first of 4,000 Gynecare Prolift cases expected to go to trial. Johnson & Johnson was ordered to pay $3.35 million in compensatory damages and $7.76 million for punitive damages.
Parker Waichman LLP continues to offer free lawsuit consultations to victims of transvaginal mesh injuries. If you or a loved one experienced complications following POP and SUI surgery with mesh, please visit the firm's transvaginal mesh injury page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
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