Transvaginal Mesh Lawsuits Move Forward, As Federal Judge Denies Motion for Summary Judgment on Punitive Damages in Florida Cases, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) October 25, 2014 -- The federal judge overseeing thousands of transvaginal mesh lawsuits (http://www.vaginalmeshlawsuit2015.com/ ) filed against Boston Scientific Corp. in the federal multidistrict litigation underway in U.S. District Court, Southern District of West Virginia has denied a defense Motion for Summary Judgment on Punitive Damages in a group of cases filed on behalf of Florida plaintiffs. In a ruling issued on October 21st, U.S. District Judge Joseph R. Goodwin rejected Boston Scientific’s assertion that Massachusetts law, rather than Florida’s, should apply to the punitive damage claims. He then denied the request for Summary Judgment, finding that the defense had failed to show that no issue of material fact exists concerning the matter. (Enhnayem, et al. v. Boston Scientific Corp., No. 2:13-7965)
All of the transvaginal mesh lawsuits covered by the ruling were filed on behalf of Florida women who allegedly sustained serious injuries due to Boston Scientific’s Pinnacle Pelvic Floor Repair Kit. According to court documents, Judge Goodwin has consolidated their cases for a trial that is to get underway on November 3rd in the U.S. District Court, Middle District of Florida.
“Our Firm is actively filing transvaginal mesh lawsuits in the federal litigation that allege pelvic mesh products manufactured by Boston Scientific and other companies caused recipients to suffer serious and debilitating injuries. We will be monitoring developments in this upcoming trial 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 were allegedly harmed by pelvic mesh products used in the surgical repair of pelvic organ prolapse and stress urinary incontinence.
Vaginal Mesh Litigation
Court records indicate that Boston Scientific has been named a defendant in more than 13,000 claims that have been filed in the Southern District of West Virginia on behalf of women who allegedly suffered serious vaginal mesh complications due to the company’s products. Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving on the Plaintiffs’ Steering Committee for this proceeding.( In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326)
According to court documents, Boston Scientific is also facing thousands of similar vaginal mesh lawsuits that have been filed in state courts around the country. In September, a jury in Texas ordered the company to pay $73 million in punitive and compensatory damages to a woman who was injured by its Obtryx sling. However, punitive damages were later reduced in the case to comply with Texas law, reducing the total judgment to $34 million. (Salazar v. Lopez, No. DC-1214349, District Court for Dallas County, 95th Judicial District of Texas (Dallas)).
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. Mr. Grand is a also a member of the Plaintiffs’ Steering Committee for other federal proceedings, 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)
Women who were allegedly harmed by surgical mesh devices used to treat pelvic organ prolapse and stress urinary incontinence may be entitled to file their own transvaginal mesh lawsuit. To learn more about this ongoing litigation, 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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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info(at)consumerinjurylawyers(dot)com
http://www.vaginalmeshlawsuit2015.com/
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Felecia L. Stern, Transvaginal Mesh Lawsuit Center, http://www.vaginalmeshlawsuit2015.com/, +1 800-511-5092, [email protected]
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