New Transvaginal Mesh Bellwether Trials Scheduled in American Medical Systems MDL
Judge Joseph R. Goodwin has scheduled the bellwether trials in MDL 2325, which is the multidistrict litigation against American Medical System’s transvaginal mesh device.
The four new AMS transvaginal mesh bellwether trials are Serrano v. AMS, Inc., et al. ( 2:12-cv-03719); Jilovec v. AMS, Inc. (2:12-cv-05561); Weiler v. AMS, Inc. (2:12-cv-05836); and Fontes, et al. v. AMS, Inc. (2:12-cv-02472). The first trial date will be April 7th, 2014.
The scheduling comes while American Medical Systems, along with four other major transvaginal mesh manufacturers that face personal injury multidistrict litigations related to their products, are considering settlements. So far, the only transvaginal mesh manufacturer not discussing settlement options is Ethicon, a subsidiary of Johnson & Johnson.
In other transvaginal mesh litigation, many of the bellwether cases have gone to the plaintiffs. The first transvaginal bellwether case to go to trial, which involved plaintiff Donna Cisson, was decided in the plaintiff’s favor and she was awarded $2 million in damages against transvaginal mesh manufacturer, CR Bard.
The current bellwether case against CR Bard, brought forward by Carolyn Jones, has been delayed until January 10th, one month exactly after it was supposed to go to court. It is the fourth transvaginal mesh bellwether case in the Bard MDL to go to trial.
The Coloplast MDL held its first status conference on December 5th. The multidistrict litigation was formed in August 2012, and was the 6th transvaginal mesh MDL to form.
History of Transvaginal Mesh Problems
Transvaginal mesh was originally developed in 1996 and approved by the FDA for organ prolapse that caused vaginal pain and stress urinary incontinence. The original transvaginal mesh, Boston Scientific’s ProtoGen, was recalled in 1999, but due to an FDA approval loophole called 510(k) – which fast-tracks approval of devices similar to previously-approved devices – many other medical manufacturing companies began developing transvaginal mesh devices of their own.
Information on the 6 current transvaginal mesh MDLs can be found with these links:
1. C.R. Bard MDL 2187: In Re C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation.
2. Johnson & Johnson/Ethicon MDL 2327: In Re Ethicon, Inc., Pelvic Repair System Products Liability Litigation
3. American Medical Systems MDL 2325: In Re American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation
4. Boston Scientific MDL 2326: In Re Boston Scientific Corp. Pelvic Repair System Products Liability Litigation
5. Mentor ObTape MDL 2004: In re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation
6. Coloplast MDL 2387: IN RE: Coloplast orp. Pelvic Support Systems
Recently, due to the high number of personal injury claims involving transvaginal mesh devices, CR Bard, Endo Health Solutions, Boston Scientific, Coloplast, and Cook Medical, began settlement talks. Reportedly, these five transvaginal mesh manufacturers faced a total of 30,000 personal injury lawsuits. Johnson & Johnson, meanwhile, has not agreed to any settlement talks and will continue facing bellwether trials in its MDL in Virginia.
The Strom Law Firm Fights for Women in Transvaginal Mesh Personal Injury Case
If you or a loved one has pelvic organ prolapse or stress urinary incontinence, have had a transvaginal mesh device implanted, and have since experienced detrimental complications, you may be entitled to compensation. The experienced lawyers at Strom Law, LLC can help. We offer free consultations, so please contact us today, and we can help get you on the road to recovery. 803.252.4800