Transvaginal Mesh Multidistrict Litigation Update: Court Issues New Pretrial Order that Moves Ethicon Inc.’s Discovery Forward, Notes Parker Waichman

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In the latest Pretrial Order regarding Ethicon Inc.’s Multidistrict Litigation, the court said that weekly telephonic discovery conferences would be beneficial, notes national law firm Parker Waichman LLP. Six transvaginal mesh MDLs have been formulated in the Southern District of West Virginia, with Parker Waichman LLP representing Plaintiffs who allege the devices are defective and can cause grave injury.

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When we consider the kinds of injuries that devices such as Ethicon’s Gynecare pelvic mesh products are alleged to have caused, we believe anything that can maintain forward momentum is important.

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, reports that, according to a Pretrial Order dated Aug. 12, 2013, the Court determined that weekly telephonic discovery conferences would be beneficial in the Multidistrict Litigation (MDL) involving Ethicon Inc. (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327), now taking place in U.S. District Court, Southern District of West Virginia.

These conferences commence this Friday, Aug. 16, 2013, and continue every Friday until the last one, slated for Sept. 27, 2013. The Order noted that each conference will last about one hour, and that the Court will reassess whether there is a need for additional weekly conferences at the end of September.

“This Order ensures that discovery will continue to advance at a steady clip,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “When we consider the kinds of injuries that devices such as Ethicon’s Gynecare pelvic mesh products are alleged to have caused, we believe anything that can maintain forward momentum is important.”

Thousands of transvaginal mesh lawsuits have been formulated into six MDLs pending in U.S. District Court for the Southern District of West Virginia. Aside from the Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, there are five additional MDLs: In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2325; In Re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2187; In Re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326; In Re: Coloplast Corp., Pelvic Support Systems Products Liability Litigation, MDL No. 2387; and In Re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2440.

The U.S. Food and Drug Administration(FDA) reported on July 13, 2011, that the most common complications associated with transvaginal mesh may include:

  • Mesh erosion through the vagina (also called exposure, extrusion, or protrusion)
  • Pain
  • Infection
  • Bleeding
  • Pain during sexual intercourse (dyspareunia)
  • Organ perforation
  • Urinary problems

The FDA also stated that complications linked to transvaginal mesh implants are “not rare” and warned that use of such devices may actually be more harmful compared to alternative methods for treating pelvic organ prolapse.

Recently, the first transvaginal mesh lawsuit to go to trial led to an $11.1 million verdict in favor of the Plaintiff (Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey), according to a Feb. 28, 2013, Bloomberg report, which added that Gross’s lawsuit was the first of 4,000 Gynecare Prolift cases expected to go to trial. Johnson & Johnson was ordered to pay $3.35 million in compensatory damages and $7.76 million for punitive damages.

Parker Waichman LLP continues to offer free lawsuit consultations to victims of transvaginal mesh injuries. If you or a loved one experienced complications following POP and SUI surgery with mesh, 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).

Contact:
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636
http://www.yourlawyer.com

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Gary Falkowitz
@ParkerWaichman
since: 09/2010
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