Transvaginal Mesh Multidistrict Litigation Update: Court Chooses Four Bellwether Cases for American Medical Systems, Notes Parker Waichman LLP
The Court has chosen four cases to serve as bellwether trials for American Medical Systems Inc.'s multidistrict litigation (MDL), the first of which is slated to begin on Dec. 3. Five Transvaginal Mesh MDLs have been formulated in the Southern District of West Virginia, with Parker Waichman LLP representing defendants who allege the devices are defective and can cause grave injury.
New York, New York (PRWEB) July 16, 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 July 1 Pretrial Order issued by the U.S. District Court for the Southern District of West Virginia, four bellwether cases have been selected for American Medical Systems Inc.'s multidistrict litigation (MDL). In no particular order, the chosen bellwether cases are:
- Lisa Fontes, et al. v. American Medical Systems, Inc. 2:12-cv-02472
- Joann Serrano v. American Medical Systems, Inc., et al. 2:12-cv-03719
- Debbie K. Jilovec v. American Medical Systems, Inc. 2:12-cv-05561
- Mary Weiler, et al. v. American Medical Systems, Inc. 2:12-cv-05836
The first bellwether trial is to begin on Dec. 3, 2013; the second, on May 6, 2014. The chronological order of the trials will be decided by U.S. District Judge Joseph R. Goodwin, according to the Order.
“Nailing down the bellwethers gets us that much closer to the beginning of the first trial,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “With the dangers allegedly associated with these products, I would not be surprised if these bellwether trials result in Plaintiff verdicts.”
Thousands of transvaginal mesh lawsuits have been formulated into five MDLs pending in U.S. District Court for the Southern District of West Virginia. In addition to In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2325, the titles of the other four are: In Re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326; 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; and In Re: Coloplast Corp., Pelvic Support Systems Products Liability Litigation, MDL No. 2387.
The U.S. Food and Drug Administration (FDA) reports 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 has 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. The FDA has also asked 33 manufacturers, including Johnson & Johnson, to conduct post-market safety studies in order to investigate the effect of vaginal mesh on organ damage and other health concerns.
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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