Trial Dates Set on Bellwether Cases for American Medical System’s Transvaginal Mesh Lawsuits
The American Medical System’s multidistrict litigation (MDL) reportedly has 8,614 transvaginal mesh personal injury cases lined up. On Thursday, June 20th, Endo Pharmaceuticals – the transvaginal mesh subsidiary of AMS – offered $54.5 million to settle several of the personal injury claims.
However, the settlement offer did not extend to all transvaginal mesh sufferers in the AMS case, so Judge Joseph R. Goodwin, who is overseeing 5 of the 7 MDLs against transvaginal mesh manufacturers, has chosen four bellwether cases against the medical manufacturer and set court dates for each case.
The four AMS transvaginal mesh bellwether cases will be:
- 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 case will begin on December 3rd, 2013; the second will begin May 6th, 2014.
Hard to Determine How Transvaginal Mesh Bellwether Cases Will Play Out
Bellwether cases are set up in multidistrict litigations when a large number of plaintiffs have basically the same complaint, and there is no other way for courts to get a sense of evidence presented. Generally, bellwether cases determine how other lawsuits play out, especially when they are grouped together in a MDL.
Since there are currently several MDLs for different transvaginal mesh manufacturers, many bellwether cases and other personal injury cases have gone forward already. The most recent transvaginal mesh bellwether case, in the CR Bard MDL, ended in mistrial when a witness mentioned the marketing practices of the medical manufacturer, which Judge Goodwin had ruled before the trial was not allowed.
However, one of the first lawsuits involving transvaginal mesh personal injury ended in the plaintiff receiving a $11 million reward for her pain and suffering. At the end of February, Linda Gross was awarded $3.35 million for physical harm caused by her transvaginal mesh implant, and on March 1st, the jury awarded her $7.76 million in punitive damages. Ethicon, a subsidiary of Johnson & Johnson, appealed the verdict.
More bellwether cases in other MDLs will be scheduled shortly.
The Strom Law Firm Represents Women in Transvaginal Mesh Personal Injury Cases
According to the FDA, the popularity of transvaginal mesh devices with surgeons has increased fivefold since 2008. During that time, the FDA received a massive influx of complaints from women who had had the device implanted.
Side effects from the defective transvaginal mesh implants include:
- chronic pain,
- infection or vaginal drainage,
- vaginal bleeding,
- erosion or extrusion,
- contraction or shrinkage of the mesh,
- painful sex,
- hardening of the mesh,
- recurrence of SUI or POP, or
- fistula formation.
The mesh can erode into surrounding organs and tissue, causing infection, bleeding, and extreme pain. This also makes the defective device difficult to remove, and many women have suffered ongoing pain from repeated and unsuccessful removal surgeries.
It is important to hold medical manufacturers, including manufacturers of transvaginal mesh, to the highest ethical standard. If you or a loved one have had surgery involving transvaginal mesh, and have since suffered painful side effects including bleeding, infection, organ perforation, and constant pain in the lower extremities, you may be entitled to compensation. The attorneys at the Strom Law Firm understand the suffering caused by defective devices like transvaginal mesh, and can help with your case. We offer free, confidential consultations to discuss your concerns, so do not hesitate to contact us. 803.252.4800.