Plaintiffs in Vaginal Mesh Lawsuits Asking Judge to Consolidate Litigation
A number of plaintiffs who have filed lawsuits after being injured by a vaginal mesh device are asking a federal judge to consolidate the cases into a multidistrict litigation for pretrial proceedings.
According to court documents, the plaintiffs are requesting that the lawsuits, filed against four different vaginal mesh manufacturers, be consolidated in front of a single judge in the U.S. District Court for the Southern District of West Virginia.
In November, the U.S. Judicial Panel on Multidistrict Litigation received multiple requests to centralize lawsuits against Boston Scientific, American Medical Systems and Johnson & Johnson, maker of the Ethicon Gynecare vaginal mesh system. The plaintiffs asked the panel to consolidate those cases with a number of lawsuits related to the Bard Avaulta system, which is being presided over by Chief Judge Joseph R. Goodwin. Specifically, the plaintiffs are asking the panel to consolidate the lawsuits into three multidistrict litigations to streamline the trial process and reduce costs.
The first lawsuits in the Ethicon Gynecare litigation are scheduled to go to trial in front of a New Jersey judge in November 2012. These bellwether trials include lawsuits filed by numerous women who claim that they suffered serious side effects after receiving the vaginal mesh implant. These devices have been associated with internal scarring, severe pain, serious infection and complications related to intercourse and bowel movements.
The vaginal mesh was first approved by the Food and Drug Administration as a means of treating pelvic organ prolapse (POP) in women who experienced a weakening of the pelvic floor muscles due to childbirth, weight gain or another health condition. In July 2011, the FDA issued a safety warning advising women and doctors of the risk of injury or complications associated with a vaginal mesh device.
In November, the American College of Obstetricians and Gynecologists and the American Urogynecologic Society issued a joint opinion recommending limiting the use of vaginal mesh devices only to those high-risk women for whom other treatment methods were either unavailable or ineffective.
Numerous women have filed lawsuits claiming similar injuries stemming from a transvaginal mesh implant. The plaintiffs are seeking an unspecified amount of compensation based on the injuries they sustained and their belief that the makers of these devices knew of the potential health risks and continued to market the sale of the products anyway.
The law offices of Nadrich & Cohen is currently investigating claims from women in all 50 states who have experienced serious complications after being implanted with a vaginal mesh device. The firm is committed to helping women and their families get the compensation they deserve for their medical bills, lost wages and pain and suffering.
If you or a loved one has suffered severe pain or other side effects -after receiving a transvaginal mesh implant, call our Injury Hotline today to speak with one of our vaginal mesh attorneys. You can also visit our Vaginal Mesh Resource Center to complete a confidential online contact form. Your initial case evaluation is free and there is never a fee unless we recover a judgment on your behalf.