Transvaginal Mesh Lawsuit Update
There are two federal Multidistrict Litigation (MDL) venues for transvaginal mesh lawsuits in the United States. One is the located in the Southern District of West Virginia and the second is located in Middle District of Georgia.
Those defendants in the West Virginia Multidistrict Litigation include: Bard-Avaulta; Ethicon, Inc. (Johnson & Johnson); American Medical Systems, Inc.; and Boston Scientific Corp.
The first federal transvaginal mesh case, in the Bard-Avaulta MDL, is scheduled to go to trial Feb. 5, 2013.
In the Southern District of West Virginian, on November 2, 2012, Judge Joseph R. Goodwin, who is overseeing federal vaginal mesh lawsuits, issued Pretrial Order #22, Submission of Bellwether Plan. Judge Goodwin ordered the parties to determine if bellwether trials in three vaginal mesh litigations should begin in 2013:
In re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation- MDL No. 2325
In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation – MDL No. 2326
In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation – MDL No. 2327
In re C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (MDL 2187)
Middle District Georgia Coloplast Pelvic Mesh Cases
Judge Clay D. Land of U.S. District Court for the Middle District of Georgia is hearing the MDL cases against: Coloplast. where he says they will not fall behind the cases filed in the U.S. District Court in West Virginia.
Multi-county Pelvic Litigation in Philadelphia, PA
State transvaginal mesh lawsuits have been filed as multi-county litigation in Philadelphia, Pennsylvania, as well. There the court has initiated strong discovery orders which will be helpful to the Plaintiffs in determining who know what and when in terms of the dangers associated with the implantation of transvaginal mesh and resulting complications.
Filed in the New Jersey Superior Court are: In re: Pelvic Mesh Litigation/Bard, No. L-6339-10, and In re: Pelvic Mesh/Gynecare Litigation, No. L-6341-10.
California Judgment Appealed
The first state case against a transvaginal mesh manufacturer, a California jury held C.R. Bard responsible for the irreversible injuries suffered by patient Christine Scott and awarded her $3.6 million. In all, she received $5 million. The case has been appealed.
Lawyers for C.R. Bard say the case was not representative of all of the transvaginal mesh claims against it.
What is an MDL
An MDL or Multidistrict Litigation consolidates cases for pre-trial discovery while retaining the plaintiff’s right to individual trials and settlements. The plaintiffs and the corporate defendants share evidence and testimonies. Once discovery has concluded, individual trials will begin and settlement negotiations and conferences will be held.
When there is a determination that cases have a common question of fact involving a single medical device the cases are consolidated into Multidistrict Litigation (MDL).
Transvaginal Mesh Litigation – MDL – is Not a Class Action
Unlike a class-action lawsuit, an MDL means each plaintiff will have their own trials and settlements. If there is a judgment, it is typically larger than what a member of a class-action lawsuit receives.
Pelvic mesh lawsuits consolidated in the U.S. District Court for the Southern District of West Virginia.
The MDLs are:
- In re C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (MDL 2187)
- In re American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL 2325)
- In re Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (MDL 2326)
- In re Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (MDL 2327)