New vaginal mesh lawsuits continue to join the ongoing litigation over pelvic mesh complications.

As recently as October, new vaginal mesh lawsuits have joined the litigation over pelvic mesh implants. Such a lawsuit was recently filed by plaintiff Judy Barbour of Ohio, who alleged that pelvic mesh made by Ethicon, a subsidy of pharmaceutical giant Johnson & Johnson, caused serious pelvic mesh complications.

Pelvic mesh, also called bladder slings, transvaginal mesh, and vaginal mesh, is a surgical tool under fire. The implant consists of a mesh-like material used to support pelvic organs in disorders like pelvic organ prolapse or stress urinary incontinence.

In these disorders, the normal support structures for pelvic organs weaken, requiring surgical intervention. However, it is alleged in vaginal mesh lawsuits like Barbour’s that the surgical implant is dangerous.

Vaginal mesh lawsuits have alleged that pelvic mesh can cause serious complications. One reported pelvic mesh complication is mesh erosion, wherein friction causes pelvic mesh to cut its way through the very tissues it is supposed to protect and support. This can cause intense mesh pain and require mesh surgery to remove the device.

Others have reported mesh embedment, a process where tissue builds up around the mesh, causing mesh pain and making it harder—if not impossible—for surgeons to remove the mesh. Pelvic mesh lawsuits allege that the material was insufficiently tested, leading to widespread vaginal mesh complications.

The makers of vaginal mesh were able to skip several steps of U.S. Food and Drug Administration (FDA) testing. Under federal law, the makers of a medical device are able to bypass most of the steps of FDA testing, if they can show that their medical device is “substantially similar” to existing technology.

Surgical mesh has been used since the 1970s for more general surgery. Because of this, the makers of pelvic mesh were able to argue that the implant was not a new technology, and did not require further testing.

However, vaginal mesh lawsuits like Barbour’s allege that pelvic mesh had several unique concerns and risks, and skipping these steps exposed the public to dangerous medical implants.

The various pelvic mesh lawsuits have been grouped together into a type of coordinated legal action called a multidistrict litigation, or MDL. MDLs are a type of group of similar lawsuits that are coordinated through the legal system, making MDLs functionally similar to the more familiar class action lawsuit. Group lawsuits like MDLs and class action lawsuits are designed to help streamline the legal system by avoiding duplication of efforts.

The Johnson & Johnson Pelvic Mesh MDL is In Re: Ethicon Incorporated, Pelvic Repair Systems Product Liability Litigation, MDL No. 2327, in the U.S. District Court for the Southern District of West Virginia.