What is the Status of the Litigation for Transvaginal Surgical Mesh Lawsuits?
As of June 2014, more than 60,000 women throughout the United States are pursuing a product liability lawsuit against the makers of transvaginal surgical mesh products in state and federal courts across the country.
The vaginal mesh litigation seeks financial compensation for women who have suffered serious and debilitating complications following surgical repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI), such as:
- Erosion of the mesh into the vagina
- Internal organ perforation
- Pelvic pain
- Return of pelvic organ prolapse and urinary problems
Transvaginal Mesh MDLs in Federal Court
Federal lawsuits involving surgical mesh manufactured by C.R. Bard, American Medical Systems (AMS), Ethicon/Johnson & Johnson, Boston Scientific, Coloplast, Cook Medical and Neomedic are currently consolidated for pretrial proceedings as part of seven different MDLs, or multidistrict litigations.
An Mentor ObTape litigation was centralized for coordinated handling, as a growing number of complaints were filed after the bladder sling was removed from the market in 2006, just three years after it was introduced. Following several years of litigation, settlements have been reached in most of the Mentor ObTape lawsuits.
The currently pending federal MDLs established for products made by other companies are centralized before U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia, and a series of early trial dates, known as “bellwether” cases, are being held to help the parties gauge the relative strengths and weaknesses of their cases.
Vaginal Mesh Trial Status
Vaginal mesh trials are scheduled throughout 2014, with outcomes likely to provide insight into how different juries may respond to similar evidence and testimony that is offered in lawsuits that are representative of a large number of cases pending throughout the country. While the outcomes of these bellwether trials are not binding on other cases, they are likely to influence continuing negotiations to settle lawsuits.
A series of trials involving Bard Avaulta lawsuits began in mid-2013. In the first case, a jury awarded the plaintiff $2 million in damages, including punitive damages. During the first day of trial in the second case, an agreement to settle the Bard Avaulta case was reached, avoiding another potentially substantial jury award. The third case was also settled shortly before trial was set to begin
Throughout the remainder of 2014, at least two trials are set to begin involving Ethicon Gynecare mesh lawsuits and a combined trial involving eleven different women who brought Boston Scientific pelvic mesh lawsuits will begin in October 2014.
At least two state court transvaginal mesh lawsuits have made it to trial in the litigation, with one trial on-going in New Jersey state court and a second case in California state court resulting in a $5.5 million damage award in July 2012. Additionalvaginal mesh trials are scheduled throughout 2013.
A series of trials involving AMS mesh lawsuits were canceled earlier this year, after the manufacturer announced that it has made an offer to settle all cases.
Find Out If You Qualify For the Litigation
Even as the litigation proceeds toward additional trial dates throughout 2014, with settlement negotiations continuing, the vaginal mesh lawyers at Saiontz & Kirk, P.A. are still reviewing and evaluating additional lawsuits on behalf of women throughout the United States.
All cases are handled by our law firm under a contingency fee agreement, which means that there are no out-of-pocket expenses to hire a lawyer and we receive no attorney fees or expenses unless a recovery is obtained.
To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.