A federal judge overseeing all five transvaginal mesh multidistrict litigations (MDLs) has scheduled a second set of bellwether trial dates for cases filed against C.R. Bard over its Avaulta brand surgical mesh. To date, hundreds of Bard transvaginal mesh lawsuits have been filed in courthouses around the country on behalf of individuals allegedly injured by the company’s products. All of the cases involve similar claims that design defects with the mesh implants resulted in pelvic pain, infection, erosion of the mesh through the vaginal wall, internal organ perforations, and other adverse health complications.
Free Transvaginal Mesh Lawsuit Evaluation: If you or a loved one suffered a serious injury after being implanted with a transvaginal mesh device, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of the transvaginal mesh and we can help.
What’s the problem?
September 6, 2012 – Last month, U.S. District Judge Joseph R. Goodwin issued a discovery scheduling order for a second round of Bard Avaulta cases being readied for preliminary trial dates, with indications that cases will be presented beginning in June 2013. These bellwether trials will come on the heels of the first Bard Avaulta mesh lawsuits scheduled in the MDL, with trial dates beginning in February 2013.
In all, Goodwin is overseeing MDLs established for federal transvaginal mesh lawsuits filed against C.R. Bard, American Medical Systems (AMS), Boston Scientific, Ethicon/Gynecare, and Coloplast. At the state level, at least one Bard Avaulta transvaginal mesh case has already been resolved, with a California jury awarding a couple $5.5 million for damages caused by one of the company’s implants.
Bellwether trials are common in complex medical device litigation, where a large number of lawsuits have been filed involving similar allegations. The outcome of these early cases is intended to allow parties to gauge how juries are likely to respond to evidence that is going to be presented in multiple cases.
The Bard Avaulta MDL is the oldest transvaginal mesh litigation to be centralized on the federal level, having been initiated in October 2010. This year alone, four additional transvaginal mesh MDLs have been created. Until earlier this summer, a stay was in place on the discovery phase in the AMS, Boston Scientific and Ethicon transvaginal mesh MDLs while the structure and organization of the litigation was being established. Judge Goodwin lifted the stay in June, which allowed the discovery phase to proceed.
Late last month, Goodwin also issued a pretrial order in those other transvaginal mesh MDLs, which established a standardized complaint form in the AMS, Boston Scientific and Ethicon litigation. This is intended to speed up the process of filing lawsuits, and will likely increase the number of such claims submitted in courthouses around the country.
New Cases Added to Bard Transvaginal Mesh Litigation
Dec. 30, 2014 – A federal court has designated 60 Bard transvaginal mesh lawsuits as “miniwave 1” cases in the multidistrict litigation currently underway in the Southern District of West Virginia. The cases will be transferred or remanded to the appropriate federal district court after pre-trial hearings have been completed. Click here to learn more.
Do I Have a Transvaginal Mesh Lawsuit?
The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in transvaginal mesh lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.
Free Transvaginal Mesh Lawsuit Evaluation: If you or a loved one suffered a serious injury after being implanted with a transvaginal mesh device, you should contact our law firm immediately. You may be entitled to compensation by filing a transvaginal mesh injury suit and we can help.