San Diego, CA (PRWEB) October 02, 2013
Resource4thePeople is reporting today in its latest consumer updates involving litigation over transvaginal mesh implants that C.R. Bard and several other manufacturers named as defendants are discussing massive settlements.
News of the settlement talks were reported* Sept. 30, 2013 by Bloomberg News, which said that the discussions include manufacturers Bard, Endo Health Solutions, Boston Scientific and two other companies.
"Lawyers for Bard, Endo Health Solutions Inc. (ENDP), Boston Scientific Corp. (BSX) and two other companies making vaginal inserts to support women’s pelvic muscles and treat incontinence have begun talks about settling all suits over their products, the people familiar with the matter said," according to the report. " Johnson & Johnson, which also faces suits over the inserts, isn’t involved in the talks, said the people, who asked not to be identified because they weren’t authorized to speak publicly."
Resource4thePeople is announcing its support for settlement talks as a positive step in the interests of consumers who may have been affected by these allegations.
"When lawsuits are filed there are always the possibilities of settlements being reached before cases go to trial, which spares both sides the possibility of lengthy litigation over these claims," said Resource4thePeople.
"We encourage these talks and also are maintaining our commitment to provide free consultations to other consumers who may have been affected by transvaginal mesh side effects and are seeking information about the legal rights they may have to seek compensation."
The latest figures provided by the U.S. Judicial Panel for Multidistrict Litigations shows that there has been a significant increase in the number of federal lawsuits** alleging transvaginal mesh failures causing serious injuries to women.
As of Sept. 11, 2013, according to the panel, there are now 31,170 cases pending in cases making similar allegations from across the country that have been assigned to U.S. District Court Judge Joseph Goodwin in West Virginia.
"The huge number of cases involved in this litigation demonstrates how widespread the allegations of serious health problems caused by transvaginal mesh products are and the tens of thousands of women who are claiming injuries as a result of these medical devices," said Resource4thePeople.
"Our national network of attorneys will continue to aggressively represent women who are claiming that they may suffered similar side effects and are seeking information about what rights they may have to seek compensation for medical expenses and other costs."
Bloomberg in its report quoted Judge Goodwin as telling the attorneys:
“I know you all are considering settlement protocols and the possibility of resolutions,” Goodwin said at a Sept. 18 court hearing. He noted the talks were going on “behind the scenes.”
Resource4thePeople is providing this breakdown of the major transvaginal mesh lawsuits against medical device companies that have been consolidated and remain under the jurisdiction of the judge:
- In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL-2325)
- In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL-2326)
- In re: C. R. Bard, Inc. Pelvic System Products Liability Litigation (MDL-2187)
- In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL-2327)
Another important development in this litigation is that the judge has now scheduled four bellwether trials in cases that have been filed against Boston Scientific Corp. (MDL-2326).
The first of two trials involving allegations with Boston Scientific's Pinnacle transvaginal mesh will begin Feb. 11, 2014 and trials involving the company's Obtryx mesh will begin June 17, 2014, according to the court file.
The lawsuits involve allegations that mesh products that were implanted in women’s bodies to treat pelvic organ prolapse or incontinence failed and caused them to suffer serious side effects, including infections, organ damage, vaginal pain and other health problems, according to the court files.
In August, in bellwether trials involving transvaginal mesh manufactured by C.R. Bard Inc., a jury found the company liable for $2 million in damages in one case*** and Bard settled another as the trial was scheduled to begin.****
The $2 million in damages was awarded to a Georgia nurse who claimed that a Bard Avaulta Plus mesh implant she had in 2009 was defective and caused her to suffer serious health problems, including several corrective surgeries, according to the court file.
In the other case, Bloomberg News reported**** on Aug. 21, 2013 that attorneys for Wanda Queen of North Carolina told the judge overseeing the litigation in U.S. District Court, Southern District of West Virginia that the case had been settled and the judge then dismissed the jury.
Bloomberg reported that the woman claimed that “Bard’s Avaulta insert caused pain and forced her to have six surgeries. The settlement comes a week after another West Virginia jury ordered Bard to pay $2 million in damages in a separate suit involving the product.”
There is also a multidistrict litigation involving transvaginal mesh, in New Jersey, in which Bloomberg News reported on Feb. 28, 2013***** that a jury awarded over $11 million in compensatory and punitive damages to a South Dakota woman.
The South Dakota woman's lawsuit****** over a Johnson & Johnson Gynecare Prolift was the first to go to trial from among 2,100 transvaginal state court mesh lawsuits consolidated in New Jersey.
***Cisson v. C.R. Bard Inc., 2:11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston)
**** Queen v. C.R. Bard Inc., 2:11cv00012, U.S. District Court, Southern District of West Virginia (Charleston)
******Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of New Jersey