Fourth CR Bard Transvaginal Mesh Bellwether Case Delayed Yet Again
The fourth bellwether case in the CR Bard transvaginal mesh multidistrict litigation (MDL) has been delayed yet again, this time for an unspecified time period.
The transvaginal mesh personal injury case, brought forth by Carolyn Jones, was delayed several times and had been scheduled to begin on Friday, January 10th. However, the case was delayed yet again, this time with no set trial start date, after one of the key experts for the plaintiff became unavailable two days before the scheduled start date. Reportedly, the primary witness had to attend to his wife’s “emergent medical needs.”
Dr. Donald Ostergard, a “crucial witness” listed by the plaintiff, notified counsel that his wife had been urgently hospitalized in California, so he was unable to attend the beginning of the transvaginal mesh bellwether trial.
So far, two of the three bellwether cases against CR Bard’s Avaulta transvaginal mesh system have awarded the plaintiff personal injury compensation. In the first case, Donna Cisson was awarded $2 million for medical expenses and personal suffering. The second bellwether case, brought forward by Wanda Queen, settled out of court for an undisclosed amount. The third bellwether case was canceled for unknown reasons.
While Bard Transvaginal Mesh Bellwether Cases Move Forward, Other Mesh Bellwether Cases Scheduled
CR Bard has had the greatest number of bellwether transvaginal mesh cases go to court so far. However, other MDLs have scheduled bellwether cases as well.
In December 2013, Judge Joseph R. Goodwin scheduled the American Medical Systems transvaginal mesh bellwether cases. 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.
Judge Goodwin also scheduled the bellwether trials for Ethicon, a subsidiary of Johnson & Johnson. The first Ethicon bellwether case is scheduled to go to trial on February 10th, 2014. One bellwether case against Ethicon’s transvaginal mesh has already gone to court, and was decided in favor of the plaintiff: Linda Gross won $11 million for medical expenses, lost wages, and ongoing pain and suffering in her transvaginal mesh case.
Boston Scientific also has a transvaginal mesh MDL, and the first bellwether case against that medical manufacturer goes to trial March 10th, 2014.
Currently, all of the transvaginal mesh manufacturers except for Ethicon are considering settlements for their thousands of personal injury cases.
The Strom Law Firm Fights for Women in Transvaginal Mesh Personal Injury Cases
Transvaginal mesh kits were initially produced to help with pelvic organ prolapse and stress urinary incontinence. Several varieties of mesh kits exist, but transvaginal mesh specifically was supposed to produce less scarring and pain, because the procedure was less invasive. However, vaginal mesh slings can cause a host of problems, including organ perforation, infection, internal scarring, continued organ prolapsed, and bleeding. 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