In February 2012, a consolidated legal action, known as a multidistrict litigation (MDL), was established for cases related to injuries purportedly resulting from the use of Ethicon’s transvaginal mesh or bladder slings, which are medical devices designed for the treatment of pelvic organ prolapse and female stress urinary incontinence.
Free Ethicon Transvaginal Mesh Lawsuit Evaluation: If you or a loved one has been injured by vaginal mesh complications, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against Ethicon and our lawyers can help.
Table Of Contents
Which Products are Included in the MDL?
The following Ethicon transvaginal mesh implants have been set forth in the Ethicon master complaint (PDF) [1]:
- Prolift
- Prolift +M
- Gynemesh/Gynemesh PS
- Prosima
- TVT
- TVT-Obturator (TVT-O)
- TVT-SECUR (TVT-S)
- TVT-Exact
- TVT-Abbrevo
Plaintiffs allege that the vaginal mesh implants can erode, cause severe infection and pain, bleeding and require the need for mesh removal surgery. In many cases, the mesh cannot be entirely removed because it is deeply embedded in women’s tissues. The lawsuits further contend that some of the devices erode after being implanted, which can cause organ damage, pain and make sexual intercourse painful.
Bellwether Trials
Bellwether trials are used when large numbers of lawsuits are filed against the same defendant. Their purpose is to act as a representative to assist the court in evaluating information and evidence, and possibly predicting future trends about a larger group of lawsuits.
In September 2014, a West Virginia jury awarded Jo Husky $3.27 million after it was determined that her Ethicon Gynecare TVT mesh caused permanent injury, and that Ethicon failed to warn her about the potential health risks associated with the device. This was the 2nd transvaginal mesh bellwether case to go to trial.
A 3rd bellwether trial was set to begin last December, but was delayed until March 2015. The lawsuit settled during day 4 of the trial. Plaintiff Diane M. Bellew, who had an Ethicon Prolift Anterior Floor Repair System, alleged that after surgery she suffered multiple complications including mesh erosion, mesh contraction, inflammation, dyspareunia, urinary incontinence, chronic pain and recurring prolapse of organs. Bellew allegedly required 4 operations to remove and revise the mesh.
Allegations raised in Bellew’s complaint are similar to those brought in other claims. The next bellwether trial against Ethicon is scheduled to begin August 24, 2015. Of all the mesh manufacturers, Ethicon has been the slowest to offer settlements. The company also faces the larges number of federal lawsuits. The litigation is: In re. Ethicon Inc. Pelvic Repair System Products Liability Litigation [2].
FAQs
1. How Does Participating in the Ethicon Transvaginal Mesh MDL Affect Individual Lawsuits?
Participation in the MDL allows individual cases to be handled more efficiently, but each case remains separate, and any settlement or verdict is specific to the individual plaintiff’s circumstances.
2. What Are the Benefits of Consolidating Cases Into an MDL for the Ethicon Transvaginal Mesh Litigation?
The benefits of consolidating cases into an MDL for the Ethicon Transvaginal Mesh litigation include reducing redundancy in pretrial proceedings, allowing for consistent rulings on common issues, and leading to faster resolutions for plaintiffs compared to individual trials.
3. Can I Still File a Lawsuit If the Ethicon Transvaginal Mesh MDL Has Already Started?
Yes, you can still file a lawsuit if the Ethicon Transvaginal Mesh MDL has already started and your case may be transferred to the ongoing MDL if it meets the criteria for inclusion.
Do I Have an Ethicon 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 vaginal mesh lawsuits. We are handling individual litigation nationwide and currently accepting new transvaginal mesh complications cases in all 50 states.
Free Ethicon Transvaginal Mesh Lawsuit Evaluation: Again, if you or a loved one has been injured by a vaginal mesh implant, you should contact our law firm immediately. You may be entitled to compensation by filing a Transvaginal Mesh Suit and our lawyers can help.