Vaginal Mesh Lawsuit News: Boston Scientific Loses Bid for Summary Judgment on Negligence, Warning Claims in Federal Obtryx Case, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) October 23, 2014 -- The federal judge overseeing thousands of vaginal mesh lawsuits (http://www.consumerinjurylawyers.com/transvaginal-mesh-recall-lawsuit.html) filed against Boston Scientific Corp. has denied the company’s Motion for Summary Judgment on negligence and warning claims put forth in one case involving the Obtryx Transobturator Mid-Urethral Sling System. The lawsuit, which is currently pending in the federal multidistrict litigation now underway in the U.S. District Court, Southern District of West Virginia, claims that the Obtryx device caused the plaintiff to suffer erosion, mesh contraction, infection, fistula, inflammation, scar tissue, organ perforation, and other serious vaginal mesh complications. According to an Order issued on October 17th, Judge Joseph R. Goodwin allowed her failure to warn, negligence and breach of warranty claims to go forward after finding that the lawsuit had established issues of fact as to the safety and effectiveness of the device. (Tyree, et al. v. Boston Scientific Corp., No. 2:12-8633)
According to court documents, this lawsuit is one of four Boston Scientific cases involving Obtryx mesh that have been consolidated for the proceeding’s first bellwether trial. That trial is scheduled to begin on November 3, 2014.
“Our Firm is closely monitoring the progress of vaginal mesh lawsuits filed against Boston Scientific Corp. and other companies, as we are representing hundreds of women in claims that put forth similar allegations,” 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.
Transvaginal Mesh Litigation
Court records indicate that Boston Scientific has been named a defendant in more than 14,000 vaginal mesh lawsuits that are currently pending in the Southern District of West Virginia. Bernstein Liebhard LLP partner, Jeffrey S. Grand, is serving as a member of the Plaintiffs’ Steering Committee for this proceeding. All the claims filed in this litigation similarly allege that pelvic mesh products marketed by Boston Scientific were defectively designed and manufactured, and caused women to suffer a wide variety of painful and debilitating transvaginal mesh complications. (In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326)
Court records indicate that more than 60,000 transvaginal mesh lawsuits are currently pending in several litigations underway in the Southern District of West Virginia. Mr. Grand isalso 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 multicounty litigations 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 pelvic mesh products used to treat pelvic organ prolapse or stress urinary incontinence may be entitled to pursue a legal claim against the manufacturer of the device. To learn more about filing a vaginal 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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Bernstein Liebhard LLP
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Felecia L. Stern, Bernstein Liebhard LLP, http://www.consumerinjurylawyers.com, +1 800-511-5092, [email protected]
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