Plaintiffs in C.R. Bard Transvaginal Mesh Litigation Seek to Consolidate Lawsuits for Trial, Parker Waichman LLP Reports

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The plaintiffs argue that the cases have similar allegations, and consolidating cases would be most efficient. C.R. Bard and other transvaginal mesh makers have been faced with numerous lawsuits alleging that the devices were defectively designed and cause serious harm to women.

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“When lawsuits have similar allegations, it is often more efficient to consolidate the cases for trial,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective drugs and medical devices, is commenting on recent proceedings in the multidistrict litigation (MDL) against C.R. Bard Inc. over the company's transvaginal mesh implants. The case is In re: C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, case number 2:10-md-02187, in the U.S. District Court for the Southern District of West Virginia. The plaintiffs argue that 185 lawsuits are similar enough to be consolidated for a trial in January. Trying each case on its own would be inefficient and costly, the plaintiffs argued.

Both parties would be adversely affected by trying each case individually, which could last decades, the plaintiffs stated. However, it was argued that plaintiffs would bear the greater burden because C.R. Bard has the financial backing to withstand years of litigation. Leaving the cases unconsolidated means that more time, money and effort would be spent getting the same witnesses and experts to testify at each trial, the plaintiffs stated.

“When lawsuits have similar allegations, it is often more efficient to consolidate the cases for trial,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.

C.R. Bard agreed to settle over 500 lawsuits over the Avaulta transvaginal mesh, a June 30, 2014 Securities and Exchange Commission (SEC) filing shows. Additionally, there are thousands of cases pending against the device maker across the country.

A number of manufacturers are facing litigation over transvaginal mesh devices. Many have been filed into MDLs centralized before U.S. District Judge Joseph Goodwin in the Southern District of West Virginia. The cases are:

  •     In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325)
  •     In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326)
  •     In re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL No. 2387)
  •     In re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2440)
  •     In re: C.R. Bard Inc. Pelvic Repair System Products Liability Litigation (MDL No. 2187)
  •     In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2327)
  •     In re: Neomedic Pelvic Repair System Products Liability Litigation (MDL 2511)

As a law firm that represents numerous women in lawsuits over injuries allegedly caused by pelvic mesh devices, Parker Waichman LLP supports consolidating cases with similar or equivalent allegations.

Parker Waichman LLP continues to offer free legal consultations to victims of transvaginal mesh, pelvic mesh, and vaginal implant injuries.

If you or a loved one experienced complications following mesh-related surgery for pelvic organ prolapse (POP) or stress urinary incontinence (SUI), please visit the firm's transvaginal mesh injury page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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