It is imperative that anyone filing cases directly in the MDL use the forms available on the court’s website.
Athens, GA (PRWEB) August 30, 2012
The Georgia law firm of Blasingame, Burch, Garrard & Ashley, P.C., reports that the judge presiding over all federal lawsuits against transvaginal mesh manufacturers American Medical Systems, Inc., Boston Scientific Corp., and Ethicon, Inc., has ordered the use of Master and Short Form Complaints in the three multidistrict litigation cases (MDLs) involving the pelvic repair devices sold by these companies.
On August 20, Chief Judge Joseph R. Goodwin issued the Order authorizing the Master and Short Form Complaints in the U.S. District Court for the Southern District of West Virginia.
Those complaints can now be filed by plaintiffs in the federal court cases involving:
- American Medical Systems, Inc. (MDL No. 2325),
- Boston Scientific Corp. and Ethicon, Inc. (MDL No. 2326),
- Ethicon, Inc. (MDL No. 2327) and
- C.R. Bard, Inc. (MDL No. 2187).
According to the Order, the purpose of the new complaint form is to eliminate delays associated with transferring cases filed in other federal district courts, to promote efficiency and to accommodate plaintiffs who wish to bring claims against defendants in more than one pelvic repair system MDL.
“The direct filing and short form complaints will help to streamline the process and make it more convenient for both the plaintiffs and the defendants to move forward with this important litigation, especially when a case involves multiple implants sold by different defendants,” said Henry Garrard, managing partner of Blasingame, Burch, Garrard & Ashley, P.C.
Garrard serves as Plaintiffs’ Coordinating Co-Lead Counsel and as a member of the Executive Committee for all four transvaginal mesh MDLs. His law firm partner, Josh Wages, serves on the Plaintiffs’ Steering Committee for the four MDLs.
Additionally, Garrard is the Co-Lead Counsel for the Plaintiffs in the Bard MDL. The first trial date in the Bard MDL is set for February 5, 2013.
“If a plaintiff was implanted with multiple pelvic mesh products sold by more than one of the defendants in the four MDLs, the complaint will be filed in the MDL associated with the first defendant named in the Short Form Complaint,” Wages explained.
“By filing a Short Form Complaint, the plaintiff adopts the factual allegations and applicable legal claims set out in the longer, more detailed Master Complaint.”
Additionally, the Short Form Complaint may be filed directly in the Southern District of West Virginia instead of first being filed in a local federal district court.
The Master and Short Form Complaints for the pelvic repair product MDLs pending in the Southern District of West Virginia are available on the Court’s website, http://www.wvsd.uscourts.gov/. It is imperative that anyone filing cases directly in the MDL use the forms available on the court’s website, Garrard said.
The products at issue in the litigation are transvaginal mesh devices that were implanted in the female plaintiffs’ pelvic region to reinforce the vaginal wall for pelvic organ prolapse (POP) repair and / or to support the urethra or bladder neck for stress urinary incontinence (SUI) treatment.
The plaintiffs allege that the transvaginal mesh products were defectively designed and marketed. They claim to have suffered severe physical and emotional injuries due to a variety of complications, including pain, infection, bleeding, vaginal scarring and shrinkage.
About Blasingame, Burch, Garrard & Ashley, P.C.
Blasingame, Burch, Garrard & Ashley, P.C., is an Athens, Georgia-based law firm that has been widely recognized for its ethics, skill and professionalism by Martindale-Hubbell®, The Best Lawyers in America, American College of Trial Lawyers, Super Lawyers and Law & Politics Media/Atlanta Magazine. Since 2006, the firm’s defective medical device and product liability lawyers have pursued claims involving defective transvaginal mesh products, including handling attorney referrals from co-counsel across the country. The firm’s office is located at 440 College Ave., Athens, GA 30601 (local phone (706) 354-4000). For more information, call the firm at (877) 247-2421 or use its online contact form.