The judge overseeing the large collection of vaginal mesh and bladder sling lawsuits has indicated a significant number will be “expeditiously set for trial.”

U.S. District Judge Joseph R. Goodwin was assigned the first vaginal mesh multidistrict litigation (MDL) four years ago, involving lawsuits filed against C.R. Bard over its Avaulta mesh products. Since that time, MDLs have been established for the massive amount of bladder sling and vaginal mesh lawsuits against Ethicon, American Medical Systems (AMS), Boston Scientific, Coloplast Corp., Cook Medical, and Neomedic. There are now more than 60,000 of these product liability lawsuits pending before Judge Goodwin.

C. R. Bard Inc. and the plaintiffs in this MDL have reportedly not progressed toward reaching a settlement, and the number of vaginal mesh lawsuits against the company is now at 9,000.

Judge Goodwin reports that he has held multiple status conferences, meetings with counsel, one bellwether trial, ordered the completion of a census sheet, and scheduled other bellwether trials that did not end up taking place. Most recently, the judge ordered discovery and motions for 200 cases, which will be sent back to their home districts upon completion.

“With so little progress to date, I find it necessary to take additional steps in this MDL,” the judge said.

Judge Goodwin indicated that he will order limited pretrial discovery in the next large wave of vaginal mesh lawsuits from the Bard Avaulta MDL. The pretrial discovery process involves ruling on summary judgment or expert witness challenges, and then reassigning the cases to the original district they were filed so they can get set for trial. Judge Goodwin said this move was necessary because of an earlier set of 500 Bard Avaulta settlements that were reached earlier this year. The judge became concerned when he noticed it had only represented a small portion of the total amount of claims involved in the litigation.

Judge Goodwin also stated there will be more waves of vaginal mesh and bladder sling lawsuits to be processed, which will increase the pressure on the defendants to consider a resolution or settlement amount, or they may numerous trials simultaneously throughout the country. Other vaginal mesh manufacturers may also face similar trial schedules to move the litigation process forward.

Overview of Vaginal Mesh Complications

The lawsuits filed against Bard and other vaginal mesh manufacturers are from women who used these products to treat pelvic organ prolapse and stress urinary incontinence. At the time vaginal mesh was first approved, it was widely celebrated by female patients across the country for providing a way to treat highly personal medical complications in a discreet manner. Unfortunately, it was not long after the products were released that complications were reported.

According to medical experts and plaintiff testimony, the vaginal mesh would reported tear and cause internal organ damage. Other complications reported include tissue infection, mesh erosion, device failure, debilitating pain, and organ prolapse.