Transvaginal Mesh Lawsuit Defendant Moves For Summary Judgment in Case Scheduled for Upcoming Texas Trial, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) September 19, 2014 -- Boston Scientific Corp. has moved for summary judgment in a transvaginal mesh lawsuit (http://www.transvaginalmeshlawsuithelp.com/) that is scheduled to go to trial in Texas state court next month, Bernstein Liebhard LLP reports. According to a Motion filed on September 12th in Dallas District Court, the company asserts that claims involving its Solyx pelvic mesh device are barred by the Texas Civil Practice and Remedies Code, a section of which shields manufacturers from liability when the product at issue complies with federal safety regulations. Among other things, the Motion maintains that the Solyx product’s status as a Class II medical device subjects it to U.S. Food & Drug Administration (FDA) regulation conclusively establishing that the presumptions in the Texas law apply. (Figueroa v. Celso Hernandez Jr., M.D., et al., No. DC-13-03145)
“Our Firm is representing hundreds of women who were allegedly harmed following implantation of pelvic mesh devices marketed by Boston Scientific and others. We are monitoring the various litigations involving these products very closely,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to offer free legal reviews to women who suffered mesh erosion, pain, scarring, infection and other serious transvaginal mesh complications, allegedly due to products marketed by a number of manufacturers.
Vaginal Mesh Litigation
Court documents indicate that Boston Scientific’s Motion for Summary Judgment was filed just days after a Dallas jury hearing another transvaginal mesh lawsuit awarded $73.5 million to a woman who was injured by the company’s Obtryx Sling. The jury, which delivered its verdict on September 8th, found that the sling was defectively designed, and that Boston Scientific failed to provide adequate warnings to doctors and patients about its potential risks. The medical device maker was ordered to pay $23.5 million in compensatory damages and $50 million in punitive damages. (Salazar v. Lopez, No. DC-1214349)
According to court documents, Boston Scientific is named a defendant in more than 12,000 transvaginal mesh lawsuits currently pending in U.S. courts. The majority of these claims have been filed in a federal multidistrict litigation now underway in U.S. District Court, Southern District of West Virginia, where Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving on the Plaintiffs Steering Committee. (In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326)
Court records indicate that more than 60,000 vaginal mesh lawsuits are currently pending in several litigations underway in the Southern District of West Virginia. In addition to his involvement with the Boston Scientific Steering Committee, Mr. Grand is a also a member of the Plaintiffs Steering Committee for a number of these litigations, including those involving American Medical Systems, Inc. (MDL No. 2325), C.R. Bard, Inc. (MDL 2326) and Ethicon, Inc. (MDL No. 2327).
Mr. Grand was also appointed Co-Liaison Counsel in two consolidated proceedings established for C.R. Bard and Ethicon mesh lawsuits in New Jersey's Atlantic Superior Court. He was also a member of the trial team on the first Ethicon trial, which ended in March 2013 with an $11 million verdict for the Plaintiff. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10; In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)
Alleged victims of serious vaginal mesh complications may be entitled to file their own claim against the manufacturer of their device. To find out more about pursuing a transvaginal mesh lawsuit, please visit Bernstein Liebhard LLP's website or the firm's Facebook page: https://www.facebook.com/meshlawsuit. To arrange for a free legal consultation, please call 800-511-5092.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
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ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info(at)consumerinjurylawyers(dot)com
http://www.transvaginalmeshlawsuithelp.com/
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Felecia L. Stern, Transvaginal Mesh Lawsuit Help Center, http://www.transvaginalmeshlawsuithelp.com/, +1 800-511-5092, [email protected]
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