San Diego, CA (PRWEB) April 26, 2013
In its latest update to consumers about transvaginal mesh failure lawsuits that have been filed across the country Resource4thePeople reports that some cases have been dismissed from a multidistrict litigation underway in West Virginia.
The judge overseeing those consolidated federal cases has issued an order announcing that he intends to dismiss cases in MDL-2325 filed against Endo Pharmaceuticals subsidiaries including American Medical Systems "without prejudice."*
Still remaining in the multidistrict litigations in the U.S. District Court for the Southern District of West Virginia are lawsuits against other transvaginal mesh manufacturers from victims alleging serious side effects.
Resource4thePeople notes in this update that the ruling by Judge Joseph R. Goodwin only affects cases that had been consolidated before him in the multidistrict litigation.
"In response to the inquiries that we have been receiving from consumers the ruling does not affect the rights of other consumers to file their own lawsuits over transvaginal mesh failure allegations," said Resource4thePeople.
"This ruling specifically applies to certain products in that particular class of litigation and the judge's ruling that the cases are being dismissed 'without prejudice' means that other victims are not precluded from their own actions."
Resource4thePeople is providing consumers an outline of five transvaginal mesh litigations that have been consolidated in West Virginia:
- 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)
- In Re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL-2387)
The transvaginal mesh lawsuits in these cases 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 the litigation.
The West Virginia cases are one of several multi-district litigations involving transvaginal mesh, including one in New Jersey in which Bloomberg News reported** that a jury awarded over $11 million in compensatory and damages to a South Dakota woman and her husband in a transvaginal mesh lawsuit trial.
Resource4thePeople said that the total verdict of $11.1 million against pharmaceutical giant Johnson & Johnson and its Ethicon subsidiary has generated such a significant number of inquiries from transvaginal mesh patients that additional lawyers now will be available to assist other women who have suffered similar complications.
Resource4thePeople's national network of lawyers are offering free legal consultations to consumers inquiring about their legal options involving allegations of transvaginal mesh complications.
The South Dakota woman's lawsuit*** was the first to go to trial from among 2,100 lawsuits consolidated in New Jersey over allegations that the companies' vaginal mesh products were not safe and that consumers were not warned of dangerous side effects.
Bloomberg News reported that lawyers for the woman, Linda Gross, asked jurors in Atlantic City to require Johnson & Johnson, the world’s largest seller of health-care products, to pay punitive damages after the panel found the company failed to warn the woman's surgeon of the risks of its Gynecare Prolift implant and fraudulently misled her about the risks.****
According to the court file in the case, the 47-year-old Gross filed allegations complaining of constant pain and said she was forced to undergo 18 operations to repair abdominal injuries she suffered after having the device implanted to treat her pelvic organ prolapse.
Bloomberg reported that Gross’s attorneys called a forensic economics expert, Frank Tinari, to testify about J&J’s financial condition and he testified the company, he said, had total assets of $121.3 billion and a net worth of $64.8 billion through Dec. 31.
"Among the questions we are receiving from women who suffered transvaginal mesh implants are whether it is too late to file a lawsuit on their behalf," said Resource4thePeople.
"The answer, in most cases, is no. There is also the possibility that now that Johnson & Johnson and Ethicon have been found liable for damages that they may become more amenable to settling claims filed against them rather than going to trial again."
Resource4thePeople also is recommending that women who have suffered health problems from transvaginal mesh products familiarize themselves with Safety Communications issued by the Food and Drug Administration warning of “serious complications associated with transvaginal placement of surgical mesh for pelvic organ prolapse."*****
In the warning issued to health care professionals, the FDA cited recent medical literature which revealed that:
- Mesh used in transvaginal POP repair introduces risks not present in traditional non-mesh surgery for POP repair.
- Mesh placed abdominally for POP repair appears to result in lower rates of mesh complications compared to transvaginal POP surgery with mesh.
- There is no evidence that transvaginal repair to support the top of the vagina (apical repair) or the back wall of the vagina (posterior repair) with mesh provides any added benefit compared to traditional surgery without mesh.
- While transvaginal surgical repair to correct weakened tissue between the bladder and vagina (anterior repair) with mesh augmentation may provide an anatomic benefit compared to traditional POP repair without mesh, this anatomic benefit may not result in better symptomatic results.
***Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City)