Judge Announces Trial Dates in Boston Scientific Mesh MDL
By Amanda Antell
On Monday, August 12, 2013, U.S. District Judge Joseph Goodwin ordered all vaginal mesh lawsuits from the multidistrict litigation (MDL) against Boston Scientific Corporation to be submitted to him so he can choose six bellwether cases to move to trial. The trials are scheduled for February 11, 2014, June 17, 2014 and September 9, 2014.
The order was made after Judge Goodwin expressed his displeasure last week over the original bellwether cases selected by Boston Scientific and plaintiffs, which he said did not adequately represent all plaintiffs in the MDL. He also criticized Boston Scientific for proposing bellwether cases that may be subject to a statute of limitations.
“Both parties offered selections that were not representative based on age and other factors or because they had conditions that made the cases outliers,” Judge Goodwin said. This included proposed plaintiffs who had used multiple transvaginal mesh products, had Alzheimer’s disease, participated in drug studies, or had infertility issues.
To remedy this, he ordered the plaintiffs to submit new prospective bellwether lawsuits that better represented plaintiffs in the Boston Scientific mesh MDL as a whole.
The vaginal mesh lawsuits that Goodwin asked to be submitted to him had to be single-product cases with no statute of limitations. The lawsuits had to be brought by plaintiffs who were between the ages of 40 and 60 at the time of the vaginal mesh implantation, and had no more than three revision surgeries. Lastly, none of these women could have suffered from an additional condition that would make the bellwether case inapplicable to the plaintiffs as a whole.
The upcoming trials in the vaginal mesh MDL will represent thousands of women who claim that Boston Scientific’s vaginal mesh products caused inflammation of their pelvic tissue, chronic pain, and other injuries. In many cases, the plaintiffs had to undergo multiple revision surgeries to correct the problem.
The MDL is In re: Boston Scientific Corp. Pelvic Repair System, Case No. 2:12-md-02326, in the U.S. District Court for the Southern District of West Virginia.
Overview of Vaginal Mesh Complications
Since it was first used in the early 2000s, vaginal mesh has been used in a variety of surgeries, most popularly in those that treat Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI).
Vaginal mesh is designed to hold the lower pelvic organs inside the body and help control bodily functions such as urination. Initially, it was thought that transvaginal mesh was made of a material that was safe to implant into humans, and was implanted where the damaged tissue was. Ideally, the tissue and muscle would grow around the transvaginal mesh, using it as a stem, and the patient could go about their normal routines.
- Surgical Mesh Erosion: According to an analysis of nearly 12,000 women, about 10% reported this injury a year after surgery. This occurs when the mesh erodes into the bladder, causing bloody urine, recurrent urinary tract infections, or fistula (causing urine to drain into the bladder). The mesh may also erode into the bowel or rectum, which can result in pain, infection, draining of stool into the vagina, and bleeding with bowel movements.
- Bowel Perforation: When the mesh perforates the bowel, causing feces and intestinal acids leak into the body. Revision surgery is required to correct this injury.
- Bladder Perforation: When vaginal mesh patches become displaced, they can perforate the bladder. This causes the woman extreme pain, the inability urinate or make a bowel movement, and can be fatal if left untreated.
- Hemorrhage: Blood loss can be caused by vaginal mesh becoming displaced. If not corrected immediately, this injury can be fatal.
File a Vaginal Mesh Lawsuit Today
If you believe that you or a loved one has been the victim of a vaginal mesh injury, you have legal options. Please visit the Vaginal Mesh Sling Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned vaginal mesh lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The vaginal mesh lawyers working this investigation do not get paid until you do.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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