Defective Medical Device Lawyer At The Potts Law Firm Says That Transvaginal Mesh Trial Has Kicked Off A Busy Year For Implant Litigation

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Derek H. Potts, a Kansas City-based personal injury lawyer, reports that a New Jersey trial currently underway over pelvic mesh made by Ethicon and Johnson & Johnson is but the first in a series of TVM lawsuits against several manufacturers set for trial in 2013.

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Kansas City injury attorney Derek H. Potts

Trials like the one going on now in New Jersey are just the beginning of a long process of seeking justice for women who were harmed by transvaginal mesh products.

Defective medical device attorney Derek H. Potts said today that 2013 will likely be a busy year for transvaginal mesh litigation, with the first lawsuit against Johnson & Johnson and its subsidiary Ethicon already now underway in New Jersey and bellwether trials against other TVM manufacturers scheduled for later this year in federal courts in Georgia and West Virginia.

“We are encouraged that women who suffered because of allegedly defective surgical implants are getting an opportunity to hold manufacturers responsible in a court of law,” Potts said. “Trials like the one going on now in New Jersey are just the beginning of a long process of seeking justice for women who were allegedly harmed by transvaginal mesh products.”

Potts was referring to the case of Gross v. Gynecare Inc. (Case No. Atl-L-6966-10), which is currently the subject of a trial in the Superior Court of Atlantic County, New Jersey. The case is the first pelvic mesh claim to go to trial against Johnson & Johnson, the manufacturer of the Ethicon Gynecare Prolift mesh implant, according to a Bloomberg article.

A Johnson & Johnson official testified at trial that a prototype of the company’s pelvic mesh implant failed within six months in 20 percent of the women who received the implant, and 27 percent failed within a year, according to a report by Bloomberg.

Potts, founder and managing partner of the Potts Law Firm, LLP, based in Kansas City and Houston, is leading several other combined lawsuits on behalf of women who allege injuries from transvaginal mesh implants used to treat pelvic organ prolapse (POP) and / or stress urinary incontinence (SUI).

Trials in federal transvaginal mesh multidistrict litigation (MDL) lawsuits are scheduled to begin later this year in the U.S. District Court for the Southern District of West Virginia. The cases include:

  • In re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2187) on June 11.
  • In re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2325) on December 3.
  • In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2327) on January 14, 2014.
  • In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation (MDL No. 2326) on February 20, 2014.

U.S. District Judge Joseph R. Goodwin is overseeing the MDLs in West Virginia.

Additionally, U.S. District Judge Clay Land, who is overseeing federal litigation against vaginal mesh manufacturer Mentor in the Middle District of Georgia, has set bellwether jury trials against Mentor for June 3 and July 5. That case is In re: Mentor Corp. Obtape Transobturator Sling Products Liability Litigation (MDL No. 2004).

Potts, a nationally recognized defective medical device attorney, serves as plaintiffs’ liaison counsel and co-lead counsel in the Mentor ObTape federal MDL, plaintiffs’ co-lead counsel in the C.R. Bard federal MDL and executive committee member overseeing all five vaginal mesh MDLs currently consolidated in the U.S. District Court in the Southern District of West Virginia. Potts and the Potts Law team will be directly involved as co-lead trial counsel in both the C.R. Bard and Mentor bellwether trials.

The cases involve lawsuits filed in federal courts across the country by women who allege that they have suffered injuries after being implanted with vaginal mesh products for the treatment of pelvic organ prolapse (POP) and / or stress urinary incontinence (SUI). Transvaginal mesh devices were often implanted in a woman’s pelvic region to reinforce the vaginal wall for POP repair and to support the urethra or bladder neck for SUI treatment.

Judges try bellwether cases when there are too many individual plaintiffs for each lawsuit to go to trial, Potts said. A handful of cases are selected to give the judge, plaintiffs and defendants a good idea of how a jury views evidence in the cases.

“As these cases move forward, other women who may have been harmed by a transvaginal mesh product, or their families, need not feel like their suffering has been ignored,” Potts said. “They should come forward now and contact an experienced defective medical device attorney who can advise them of their rights and legal options for pursuing compensation.”

About The Potts Law Firm, LLP

Founded in 2002 by Derek Potts, The Potts Law Firm, LLP, which is based in Kansas City and Houston, is committed to aggressively representing those who have been wronged by the negligence, misconduct, or fraud of others from coast to coast. The firm’s practice areas include: aviation, birth injuries, car accidents, class action, consumer protection, dangerous drugs and devices, environmental and toxic exposure, medical malpractice, motorcycle accidents, wrongful death, nursing home neglect, securities litigation, unfair business practices and truck accidents. For more information, call the firm toll-free at (866) 311-2230 or use its online form at

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