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Transvaginal Mesh Multidistrict Litigation Update: Judge Makes Pretrial Ruling on Document Production, Reports Parker Waichman LLP

New York, New York (PRWEB) September 12, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by dangerous drugs and defective medical devices, reports that U.S. Magistrate Judge Cheryl A. Eifert has issued a Pretrial Order, dated Sept. 16, in which the court set forth its acceptance of a stipulation that has been reached by all parties in the multidistrict litigation (MDL) entitled In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327. It concerns the production of documents pertaining to certain Ethicon hernia mesh products, including the Prolene, Prolene Soft, Ultrapro, Proceed and Vypro. The purpose is to facilitate access to evidence that could be of help to some Plaintiffs regarding their claims, according to court documents.

Thousands of transvaginal mesh lawsuits have been formulated into six MDLs pending in U.S. District Court in West Virginia. The other MDLs are 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: Coloplast Corp., Pelvic Support Systems Products Liability Litigation, MDL No. 2387; In Re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2440; and In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326.

Common complications associated with transvaginal mesh products, as related by the U.S. Food and Drug Administration (FDA) in a report released on July 13, 2011, 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 (POP) and stress urinary incontinence (SUI), two of the conditions that transvaginal mesh products are used to treat.

The first two bellwether trials in the C.R. Bard MDL ended in favor of the Plaintiffs, according to court documents. In the second bellwether, the parties agreed to settle for an undisclosed amount, according to court documents. The trial began, and was settled on, the same date, Aug. 21, 2013, in the U.S. District Court for the Southern District of West Virginia, Charleston Division (Queen v. C.R. Bard Inc., Case No. 2:11-cv-00012).

That settlement occurred about one week after another federal jury awarded a total of $2 million in damages to a Georgia woman, having found that C.R. Bard Inc. had failed to warn of the potential dangers associated with its Avaulta-branded vaginal mesh device, according to court documents. On Thursday, Aug. 15, 2013, the jurors awarded the woman $250,000 in compensatory damages and $1.75 million in punitive damages. The trial had begun on July 29, in the U.S. District Court for the Southern District of West Virginia, Charleston Division (Cisson v. C.R. Bard Inc., Case No. 2:11-cv-00195).

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 Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
1+ (800) LAW-INFO
1+ (800) 529-4636

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