Parker Waichman LLP

First Bellwether Trial Scheduled in Boston Scientific Transvaginal Mesh Cases

A federal judge has scheduled the first bellwether trial in the multidistrict litigation (MDL) over Boston Scientific’s transvaginal mesh implants for early next year. Judge Joseph Goodwin of the U.S. District Court for Southern West Virginia, who is overseeing MDLs involving a number of pelvic mesh device makers, designated four cases to serve as bellwethers […]

boston_scientific_bellwether_trial_scheduledA federal judge has scheduled the first bellwether trial in the multidistrict litigation (MDL) over Boston Scientific’s transvaginal mesh implants for early next year.

Judge Joseph Goodwin of the U.S. District Court for Southern West Virginia, who is overseeing MDLs involving a number of pelvic mesh device makers, designated four cases to serve as bellwethers for the entire set of lawsuits, MassDevice reports. In large litigations, the outcome of bellwether cases, chosen as representative cases, can indicate trends in litigation and can provide a basis for negotiating a settlement.

Thousands of transvaginal mesh lawsuits have been formulated into six MDLs pending in U.S. District Court for the Southern District of West Virginia. In addition to Boston Scientific, defendants in the MDLs include American Medical Systems, C.R. Bard, Inc., Coloplast Corp., and Johnson & Johnson’s Ethicon unit. Court documents indicate that Fawcett et al v. Boston Scientific Corp is set for trial on March 10, 2014.

Transvaginal mesh implant devices were approved by the U.S. Food and Drug Administration (FDA) to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI), but plaintiffs in the lawsuits allege that the devices have caused a variety of serious and permanent injuries.

The FDA, in a 2011 safety communication, reported that complications linked to transvaginal mesh implants are “not rare” and listed the following as among the most common ones associated with the devices: mesh erosion through the vagina (also called exposure, extrusion, or protrusion), pain, infection, bleeding, pain during sexual intercourse (dyspareunia), organ perforation, and urinary problems. Many of the plaintiffs needed additional surgeries to remove the mesh and repair organ damage. The agency has asked 33 manufacturers to conduct safety studies to assess whether the mesh devices cause organ damage and other health problems.

The first transvaginal mesh lawsuit to go to trial resulted in an $11.1 million verdict for  the plaintiff (Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey), according to Bloomberg News.

 

 

 

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Thank you for your help Cristian, you are doing a very good job.
L Puj
2 months ago
5 Star Reviews 150
I was extremely pleased with my service! Michele Josama was an absolute gem. She was so kind and professional. She handled my family member’s case and worked diligently on our behalf. We are truly grateful for her hard work!! Thank you so much!!!
Naomi Paul
5 years ago
5 Star Reviews 150
They did their job. Thank you great professional highly recommend them
Donald Brown
4 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038