Pending Transvaginal Mesh MDL (Multidistrict Litigation) Has First Trial Scheduled
A pending multidistrict litigation (MDL 2324) for transvaginal mesh personal injury cases had its first trial scheduled for April 7th, 2014. The MDL houses American Medical Systems cases, primarily.
Judge Joseph R. Goodwin, who presides over 5 of the 6 current transvaginal mesh MDLs, will preside over this trial. The defendants in the MDL include American Medical Systems, a subsidiary of Endo pharmaceuticals, and five other transvaginal mesh manufacturers.
Currently, there are six transvaginal mesh MDLs that have consolidated 40,000 transvaginal mesh personal injury lawsuits. Five of those manufacturers recently offered to begin settlement talks, but Johnson & Johnson has not, indicating that the pharmaceutical giant will continue in its personal injury litigation.
Recently, Johnson & Johnson managed to have their first transvaginal mesh bellwether case thrown out due to lack of evidence that their mesh sling caused the plaintiff’s injuries. However, leading up to the trial, J&J faced harsh criticism that it destroyed several transvaginal mesh files that would have indicated actual failure rates for their product.
Transvaginal mesh manufacturers have been accused of not performing rigorous enough studies on the side effects of the device. In an earlier ruling in the Ethicon case, Judge Goodwin ruled that details regarding the 501(k) process, which can “fast-track” device approval, be excluded because it would confuse the jury.
Meanwhile, the fourth transvaginal mesh bellwether case against CR Bard, from plaintiff Carolyn Jones, was rescheduled several times and, although last set to start on January 10th, 2014, currently has no set start date. Boston Scientific will have to move ahead with its bellwether case, although there is no word on set trial date for that transvaginal mesh personal injury case, either.
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:
- C.R. Bard MDL 2187: In Re C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation.
- Johnson & Johnson/Ethicon MDL 2327: In Re Ethicon, Inc., Pelvic Repair System Products Liability Litigation
- American Medical Systems MDL 2325: In Re American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation
- Boston Scientific MDL 2326: In Re Boston Scientific Corp. Pelvic Repair System Products Liability Litigation
- Mentor ObTape MDL 2004: In re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation
- 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
Transvaginal mesh kits were initially produced to help with pelvic organ prolapse and stress urinary incontinence. However, the mesh slings can cause a host of problems, including organ perforation, infection, internal scarring, continued organ prolapse, 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