Large transvaginal mesh device companies are trying to avoid responsibility for harms caused to California patients.
Ontario, California (PRWEB) February 28, 2013
The Ontario law firm of Albertson & Davidson, LLP had a third transvaginal mesh case removed to Federal Court this week by transvaginal mesh manufacturer American Medical Systems, under United States District Court case number 5:13-cv-00345-JGB-SP. Transvaginal mesh manufacturers, including American Medical Systems, C. R. Bard, and Sofradim Production have begun a campaign to remove cases involving vaginal mesh medical devices to Federal Court—C. R. Bard and Sofradim Production under United States District Court case number 2:13-cv-00672-SJO-CW. More Federal Court removals are expected in the coming weeks.
“Large transvaginal mesh device companies are trying to avoid responsibility for harms caused to California patients,” says named partner Stewart R. Albertson. Albertson explains, “once cases are removed to Federal Court, they are consolidated into a single courtroom, sometimes located in far-away States, where each individual plaintiff has little or no control over their own case.”
In recent months, the number of Federal Court removal actions filed by large transvaginal device companies has increased significantly.
Asked whether these cases can be transferred back to California State courts, Albertson stated, “they can be, but the problem lies in the complexity required to have the injured patient’s case transferred back to California State court. And the vaginal mesh device companies know it; that’s why they remove these cases to Federal Court. I’ve received dozens of phone calls from plaintiff’s attorneys asking how to get these cases back to state court. It’s a procedural quagmire,” said Albertson.
Albertson pointed to a recent California State court case on his desk that had just been removed to federal court by American Medical Systems, Inc. and its attorneys ReedSmith, LLP. That case, Cooper v. Siddighi, was initially filed on January 9, 2013 in the San Bernardino County Superior Court under case number CIVDS 1300315. After American Medical Systems was served with the lawsuit, it removed the case on February 25, 2013 to the United States District Court for the Central District of California under case number 5:13-cv-00345-JGB-SP.
“If we do nothing, that case will be transferred from the Central District Court of California to the federal “MDL Court” (filed under Federal District Court Case No. MDL No. 2187) in West Virginia where it will be added to thousands of cases already filed against American Medical Systems,” said Albertson. “Once there, this client’s case will not see the light of day.”
“Of course, we are fighting to return the case to its rightful jurisdiction of California. Once the case is transferred back to California, we’ll have the right to have a California jury hear about the harms caused to Ms. Cooper by American Medical System’s transvaginal mesh device,” says Albertson.
Attorney Stewart R. Albertson is working on approximately thirty California vaginal mesh litigation cases. He can be reached at (909) 466-1711 or stewart(at)aldavlaw.com.