We contend that transvaginal mesh devices pose serious national public health concerns, and in light of the common alleged defects and problems associated with these medical devices, they should be coordinated before a single federal court.
Kansas City, MO (PRWEB) January 31, 2012
One of the country’s leading defective medical device attorneys, Derek H. Potts, appeared at a hearing on January 26 in Miami that could set the future path for hundreds of transvaginal surgical mesh lawsuits from across the country.
The hearing concerned motions that The Potts Law Firm, LLP, and other law firms filed in November with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on behalf of women who claim to have suffered injuries after being implanted with vaginal mesh products for the treatment of pelvic organ prolapse (POP) and stress urinary incontinence (SUI).
The plaintiffs are asking for the JPML to create separate multidistrict litigation (MDL) cases against three different transvaginal mesh manufacturers: American Medical Systems, Inc. (MDL No. 2325), Boston Scientific Corp. (MDL No. 2326) and Ethicon, Inc. (MDL No. 2327).
By pulling together lawsuits that have been filed in federal district courts across the country for pretrial proceedings, the MDLs would make the litigation more efficient, conserve judicial resources and avoid the risk of inconsistent rulings, the plaintiffs argue.
The plaintiffs also are requesting that the cases be transferred to the U.S. District Court for the Southern District of West Virginia and that they be supervised by Chief Judge Joseph R. Goodwin, who currently is overseeing the MDL against another transvaginal mesh manufacturer, C.R. Bard, Inc. (In re Avaulta Pelvic Support Systems Product Liability Litigation, MDL No. 2187).
“The hearing will determine the course that these lawsuits follow in the coming months,” Potts said. “We contend that transvaginal mesh devices pose serious national public health concerns, and in light of the common alleged defects and problems associated with these medical devices, they should be coordinated before a single federal court.”
A written order is now expected from the Judicial Panel containing its decision.
Potts is the founder and managing partner of The Potts Law Firm, LLP, a Kansas City-headquartered national law firm that represents plaintiffs in complex civil litigation and multidistrict litigation (MDL) cases that involve defective medical devices and dangerous pharmaceuticals.
He currently is the Plaintiffs’ Liaison Counsel and Co-Lead Counsel for the In Re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation (MDL No. 2004) in the U.S. District Court for the Middle District of Georgia.
Previously, Potts served as a member of the Plaintiffs’ Steering Committee in the In Re Kugel Mesh Hernia Patch Products Liability Litigation (MDL Docket No. 07-1842-ML) in the U.S. District Court for the District of Rhode Island. After being part of the trial team of the first Kugel bellwether trial, Potts spearheaded the resolution of nearly 500 cases in the MDL, which involved a hernia mesh product made of material similar to the transvaginal mesh products.
According to the FDA, transvaginal mesh generally is implanted in a woman’s pelvic region to reinforce the vaginal wall for POP repair and to support the urethra or bladder neck for SUI treatment.
In a July 2011 safety communication, the FDA said it had received 2,874 reports of complications associated with surgical mesh devices used to treat POP and SUI between 2008 and 2010, representing a significant increase in adverse reports.
According to the FDA, the vaginal mesh erosion and protrusion of the mesh through the vaginal wall are the most commonly reported complications. The FDA also has received reports of pain, infection, bleeding, emotional problems, vaginal scarring and shrinkage.
About The Potts Law Firm, LLP
Founded in 2002 by Derek Potts, The Potts Law Firm, LLP, is a national law firm with headquarters in Kansas City, Missouri, and offices in Albuquerque, New Mexico; Little Rock, Arkansas; and Houston, Texas. The firm is committed to aggressively representing those who have been wronged by the negligence, misconduct, or fraud of others in practice areas that include aviation, birth injuries, car accidents, class actions, consumer protection, dangerous drugs and devices, environmental and toxic exposure, medical malpractice, motorcycle accidents, wrongful death, nursing home neglect, securities litigation, unfair business practices and truck accidents. For more information, call toll-free (866) 311-2230 or use the firm’s online contact form.