Articles Posted in transvaginal mesh

Bloomberg news service reports that court documents filed recently In Re Ethicon Pelvic Repair System Products Liability Litigation, a U.S. District Court Case in the Southern District of West Virginia, allege that a Johnson & Johnson subsidiary destroyed or misplaced documents related to its vaginal mesh implants.

As a result, transvaginal mesh plaintiff attorneys are requesting that the the subsidiary, Ethicon, be barred from launching certain types of defenses in a series of upcoming trials.

If you aren’t familiar, Ethicon was responsible for the manufacture of a type of implant known as the Gynecare Prolift. It was one of the four types of mesh products, used to treat urinary incontinence, that Johnson & Johnson decided to stop selling back in June of 2012. That decision came after two large groups of lawsuits were filed by women who claimed that implantation of the devices had caused them serious injury.
Continue reading

For anyone involved in a civil lawsuit, the question of whether the case should be removed from state to federal court is an important one.

Technically, both parties should be able to expect a fair legal proceeding no matter the venue in which the case is heard. However, civil case defendants in large tort actions, such as transvaginal mesh claims, tend to view a federal court venue as a strategic advantage. They will often fight very hard to have a case removed from state court to federal court if there is an opportunity to do so.

When transvaginal mesh claims are filed as a class action or a mass action, it can improve the defendant’s odds of having the case removed to federal court, per the Class Action Fairness Act of 2005. The law expanded the criteria under which such claims must be removed to federal court.
Continue reading

Transvaginal mesh caused thousands of women to experience serious complications after the surgical mesh was implanted in procedures designed to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP). As many plaintiffs filed lawsuits against transvaginal mesh manufacturers, cases were consolidated into multi-district litigations.

Our Boston transvaginal mesh lawyers know that these multi-district litigations allow for a single judge to rule on issues that are relevant to all TVM cases, so that claims can move through the courts more quickly and plaintiffs won’t have to wait as long to get their cases resolved.

In addition to allowing one judge to make decisions on common issues in cases, multidistrict litigations also provide another benefit. Bellwether trials can be scheduled and can allow for plaintiffs and defendants to get a better idea of the strength of their respective cases so that there is a better chance of an out-of-court settlement being reached. The bellwether trials in transvaginal mesh cases have been moving forward, and the next case against C.R. Bard has been scheduled.
Continue reading

Thousands of transvaginal mesh lawsuits are moving forward within courts throughout the United States as injured women seek to hold manufacturers accountable for complications from dangerous surgical mesh products. In one case against transvaginal mesh manufacturer American Medical Systems (AMS), a recent judicial order was issued. The order addressed the request of plaintiffs to disqualify one of the witnesses that the defendant intends to present as an expert.

Our Boston transvaginal mesh lawyers know that mesh cases are heavily influenced by whose expert witnesses are most credible and by how convinced the jury is by the testimony of each expert witness. Mesh cases center on highly complex facts including whether the mesh product was the actual cause of harm when used as intended by the patient. Expert witnesses distill key facts for the jury, and having the right experts can make or break the case.
Continue reading

A plaintiff whose transvaginal mesh lawsuit was dismissed by the Suffolk County Superior Court has successfully won her appeal and her case will go forward. Our Boston transvaginal mesh lawyers know this is an important victory as the plaintiff will now get her day in court and will have a chance to demonstrate to a jury why she is deserving of compensation for her transvaginal mesh injuries.
Continue reading

If you only read women’s health and beauty magazines, you may think that post-partum depression and weight gain are the only negative consequences of pregnancy and delivery. However, as recent research and years of medical evidence have shown, women who deliver a child can suffer a host of physical issues ranging from incontinence to weakened muscles and bones.

A recent

Several manufacturers of vaginal-mesh implants are working towards settlement after thousands of women have suffered serious injury and wrongful death. According to reports, there could me more than 50,000 claims filed and joined in this potential products liability settlement. Insiders claim that the liability is strong in these cases so it is likely that there will be a settlement and recovery for victims.

Vaginal-mesh inserts are used to support women’s pelvic muscles and treat incontinence, especially after child birth. For these women, the consequences and injury were severe, and in some cases, deadly. Our Massachusetts vaginal-mesh injury attorneys are dedicated to protecting the rights of victims and their families. We are abreast of the legal developments involving these cases and in continuing to advocate for the rights of medical device injury victims.

In products liability cases, victims must demonstrate that a manufacturer knowingly distributed a dangerous or defective product and did not properly warn consumers. Medical device manufacturers can also be held liable for failing to properly test products for safety. If you are a victim of injury related to vaginal-mesh implants, it is important to consult with an experienced advocate regarding your opportunities for recovery and settlement.
Continue reading

In the U.S. District Court for the Southern District of West Virginia, there are currently six separate coordinated litigations pending against transvaginal mesh manufacturers, including Boston Scientific. To facilitate the processing of claims, more than 22,000 federal lawsuits have been consolidated into the individual multi-district litigations (MDLs) in West Virginia that are currently pending before Judge Joseph Goodwin. Multi-district litigation refers to the consolidation of cases before a single judge to resolve certain issues applicable to many individual cases against a defendant.

Judge Goodwin has now identified four cases that will go forward as bellwether trials in the multi-district litigation against Boston Scientific. Our Boston transvaginal mesh lawyers know that the bellwether cases will have an important impact on Boston Scientific’s willingness to resolve future claims through settlements with injured victims. Those harmed by transvaginal mesh should thus keep abreast the progress of these cases.
Continue reading

In a case that was being closely-watched by those in the legal community, a jury awarded $2 million to a woman who alleged C.R. Bard Inc. concealed information regarding the inherent flaws of its transvaginal mesh implant products.

Our Boston transvaginal mesh attorneys know that this case was the first to go to federal trial in widespread claims of flaws regarding the device.

The verdict in the case of Cisson et al v. C.R. Bard, Inc was especially welcome given that the first time around, the case resulted in a mistrial.
Continue reading