Amanda Antell  |  June 25, 2015

Category: Legal News

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Transvaginal Mesh Lawsuit

Over two dozen Gynecare TVT mesh vaginal mesh lawsuits are scheduled for a consolidated trial later this year. All of these federal cases were filed by plaintiffs who suffered serious vaginal mesh complications.

In a pretrial order issued on June 12, 2015, U.S. District Judge Joseph Goodwin set a consolidated trial date for 26 Gynecare TVT mesh lawsuits for Nov. 02, 2015. The plaintiffs in these cases are from West Virginia and had the Gynecare TVT mesh product surgically implanted to treat either their pelvic organ prolapse (POP) or stress urinary incontinence (SUI).

These vaginal mesh lawsuits will be presented to a federal jury, where the cases will finally be able to present evidence of the vaginal mesh complications the plaintiffs suffer.

Noting the lack of progress in the Ethicon vaginal mesh litigation movement, especially with the lack of progress in negotiating possible vaginal mesh settlements, Judge Goodwin ordered the consolidation these 26 Gynecare vaginal mesh lawsuits for trial in order to move the litigation movement forward in an efficient manner.

There are currently more than 70,000 vaginal mesh lawsuits pending in the federal court system, naming several major medical manufacturers as defendants, including Johnson & Johnson’s Ethicon subsidiary. Ethicon is facing more than 25,000 potential complaints, claiming that the Gynecare TVT mesh had caused the plaintiffs numerous problems.

These vaginal mesh complications include: mesh erosion, organ tearing, infection, and device failure. Oftentimes, these women had to have the device removed to resolve the injuries incurred from the TVT mesh.

Ethicon had opposed the consolidation of the vaginal mesh lawsuits for trial. The company states that each claim should be evaluated by their own respective pelvic mesh injuries, since each plaintiff was treated by a different doctor and the procedures have been conducted for over 13 years.

Judge Goodwin rejected this argument, stating that there were too many similarities between the vaginal mesh lawsuits and that consolidation was a necessary decision.

Overview of Vaginal Mesh Litigation

Judge Goodwin is also presiding over 16,755 Boston Scientific, 10,956 Bard Avaulta, 1,960 Coloplast, 300 Cook Medical, and 94 Neomedic vaginal mesh lawsuits. Judge Goodwin has repeatedly pressured defendants to enter settlement negotiations with the vaginal mesh plaintiffs in order to avoid tens of thousands of individual trials for the numerous amount of vaginal mesh lawsuits.

Judge Goodwin has warned that the defendants could face billions in losses, if they choose to take every single vaginal mesh case to court.

Judge Goodwin is insistent that consolidating these vaginal mesh lawsuits is the best move for both parties. Consolidating similar lawsuits reduces the legal fees, preserves legal resources, avoids conflicting rulings from different judges, and helps determine how juries may react to certain pieces of evidence or testimony. Ultimately, the goal of consolidating lawsuits is to further serve the convenience of the parties.

Several early vaginal mesh bellwether trials have already resulted in multimillion dollar damage awards to plaintiffs, with several cases including punitive damages meant to penalize the defendants for negligently marketing an unreasonably dangerous product.

For example, in October 2014, Endo International announced that it agreed to settle almost all of the 20,000 AMS vaginal mesh lawsuits pending against its subsidiary, reportedly agreeing to a $1.6 billion settlement.

However, none of the other vaginal mesh manufacturers have reached any such agreement; legal experts predict that plaintiffs will continue to file vaginal mesh lawsuits even after these settlements.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The vaginal mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, vaginal mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Transvaginal Mesh Class Action Lawsuit Investigation

If you or a loved one were injured by a transvaginal mesh product and underwent revision surgery to remove the mesh or repair the damage, you may have a legal claim. Submit your information now for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

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