San Diego, CA (PRWEB) February 10, 2014
Resource4thePeople today announced its latest update to consumers who are following the progress of lawsuits* alleging that transvaginal mesh implants have failed and caused women severe health problems.
Among the latest developments is an important ruling by a West Virginia judge who is presiding over thousands of transvaginal mesh lawsuits* affecting Johnson & Johnson's Ethicon unit in litigation over the company's Gynecare mesh.
U.S. District Judge Joseph R. Goodwin recently ruled against Ethicon lawyers in their attempts to present evidence to jurors about the Food and Drug Administration's approval process because the evidence might confuse jurors, according to the court file.*
Ethicon lawyers will not be able to argue that Gynecare mesh was safe because it was put on the marketplace after an expedited FDA approval process that involved Prolene sutures, which are composed of the same material but which underwent more intensive FDA scrutiny, according to the judge's ruling.
The judge is overseeing consolidated federal transvaginal mesh lawsuits involving such major manufacturers of mesh as American Medical Systems, Inc., Boston Scientific Corp., C. R. Bard, Inc., Ethicon, Inc. and others, according to the court files.
“We will continue providing updates about the progress of this litigation and our offer of free consultations because of the continued increase in the number of consumer inquiries which demonstrates that there are a great number of affected consumers seeking experienced, aggressive legal help,” said Resource4thePeople.
Transvaginal mesh is frequently used to treat pelvic organ prolapse and urinary incontinence, two medical problems common to women as they age and their abdominal muscles weaken.
One key trial in the multidistrict litigation has been delayed. The case** involves allegations by a woman seeking damages from C.R. Bard over an Avaulta pelvic mesh device which was implanted in her body and caused her serious health problems, according to the court file in the case.
"This case is one of the bellwether trials selected from thousands of lawsuits filed against Bard grouped together in this jurisdiction in which women are claiming that the transvaginal mesh products were defectively designed and they suffered mesh erosion, chronic pain, infections, and other complications," said Resource4thePeople.
The rescheduled trial was preceded by another federal court trial also involving allegations involving C.R. Bard’s Avaulta transvaginal mesh in which a jury awarded $2 million in damages to a woman who claimed that she suffered serious health problems from the product, according to the court file in the case.***
“That jury found in favor of a woman making serious allegations about the safety of transvaginal mesh, which has been implanted in tens of thousands of American women to treat pelvic organ prolapse, incontinence and other health problems,” said Resource4thePeople.
“Evidence in the case of the woman’s severe pain and the erosion and extrusion of the device mirrors the allegations in thousands of other mesh lawsuits that are pending and we view the verdict for the plaintiff as a positive development for other cases still to be heard.”
There are now over 36,000 transvaginal mesh lawsuits with similar allegations grouped together in what is called a multidistrict litigation before a single judge in the West Virginia district.
These figures**** were recently compiled by U.S. court officials.
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.
The jury awarded the woman $250,000 in compensatory damages and $1.75 million in punitive damages, according to the court file in the case.
Resource4thePeople is also informing consumers that Bloomberg News has reported in a Sept. 30, 2013 posting***** that settlement discussions are underway involving manufacturers C.R. Bard, Endo Health Solutions, Boston Scientific and two other companies.
"Lawyers for Bard, Endo Health Solutions Inc., Boston Scientific Corp. 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 supports 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," said Resource4thePeople.
Bloomberg in its report quoted Judge Joseph 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.”
*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), all in U.S. District Court, Southern District of West Virginia
**Carolyn Jones v. C.R. Bard Inc. et al, Case # 2:11cv0114, U.S. District Court, Southern District of West Virginia
***Cisson v. C.R. Bard, Inc., 2:11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston)