Transvaginal mesh products are intended for repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI). However, many are said to be defective in vaginal mesh lawsuits.

Currently, several multidistrict litigations (MDLs) are in process representing over 60,000 vaginal mesh lawsuits nationwide. Bellwether trials are underway. In the most recent vaginal mesh lawsuit, awarded $3.27 million to the plaintiff. This bellwether trial is the second of three involving Johnson & Johnson’s subsidiary Ethicon.

Plaintiff Jo Huskey’s vaginal mesh lawsuit alleges that the polypropylene mesh used in Ethicon’s Gynecare TVT-Obturator system (TVT-O mesh sling) was improperly designed. Many pending transvaginal mesh lawsuits involve similar allegations of defective mesh design. In Huskey’s situation, she reports that the mesh got entangled and damaged her organs, leaving her with permanent injury even after the revision surgery.

This is the second jury finding against Johnson & Johnson and one of many against Ethicon and other manufacturers. The first in April awarded the plaintiff $1.2 million.

In March 2013, $11.1 million was awarded by a New Jersey state court jury to Linda Gross. Complications from her Gynecare Prolift mesh reportedly required 18 surgeries to repair the damages.

These plaintiffs are not alone. Thousands of women are finding the bladder slings and vaginal inserts to be defectively designed, causing pain and suffering and oftentimes the added burden of revision surgeries.

Currently seven companies are facing litigation. Vaginal mesh lawsuits have been filed against Boston Scientific (12,000 mesh lawsuits), Johnson & Johnson/Ethicon (19, 380 lawsuits), C.R. Bard (9,500 lawsuits), American Medical Systems (18,000 lawsuits), Cook Medical (250 lawsuits), Coloplast (1,600 lawsuits)and Neomedic (66 mesh lawsuits). While some companies, like Boston Scientific, are winning their cases, many others are losing. In addition to Johnson & Johnson’s losses, C.R. Bard lost a $2 million verdict in the first mesh trial.

With the recent jury decisions, companies are considering settlements. The first manufacturer to choose this path was American Medical Systems, agreeing to pay $830 million to resolve the thousands of vaginal mesh lawsuits against them. The third and final bellwether trial against Ethicon is scheduled to begin on Dec. 4.

The Vaginal Mesh Lawsuit is Jo Huskey v. Ethicon, Case No. 12-cv-05201, in the U.S. District Court for the Southern District of West Virginia.

Vaginal Mesh Mass Torts

Tens of thousands of vaginal mesh lawsuits are centralized in the federal courts before U.S. District Judge Joseph Goodwin in West Virginia under seven different multidistrict litigations (MDL) or mass torts. MDLs help in coordinating pretrial proceedings, especially when the lawsuits are nationwide. Using a mass tort simplifies the process of discovery for the courts. For plaintiffs, it means less court time, fewer potential costs, and no risk of varying outcomes from different judges.

Along the same lines, the bellwether trials help the parties gauge the strengths and weaknesses of their cases. The first transvaginal mesh bellwether trial was a C.R. Bard case heard in July 2013. It was decided in favor of the plaintiff.

Judge Goodwin has specified his intention to speed up the vaginal mesh lawsuits, as parties are not progressing towards settlements. This expedition would be welcome, according to Judge Goodwin, as the total number of pending vaginal mesh and bladder sling lawsuits are “more than twelve times the total number of civil trials conducted each year in the entire federal court system.”

Fixing the Problem

According to Reuters, “the U.S. Food and Drug Administration said earlier this year that it was considering proposals to tighten safety standards for transvaginal mesh devices used to treat pelvic organ prolapse. If finalized, the proposals would require manufacturers to submit data proving the devices’ safety and effectiveness before allowing them to be sold.”