All transvaginal mesh lawsuits against the TVM manufacturer, Ethicon, are
currently on hold due to delays in the next bellwether trial. Over 65,000
TVM lawsuits are currently pending against TVM manufacturers, because
their mesh slings caused complications and permanent injuries to women
across the country. Before these lawsuits can be addressed, however, the
third Ethicon bellwether trial must proceed. Unfortunately, the third
bellwether trial, which was scheduled to start on December 4, 2014, has
been postponed and rescheduled for March 2, 2015.
U.S. District Judge Joseph Goodwin is overseeing seven of the MDL’s
involving transvaginal mesh slings, including Boston Scientific, Ethicon,
American Medical Systems, Bard Avaulta, Coloplast, Cook Medical, and Neomedic.
Multidistrict litigation is currently established for all those TVM manufacturers.
What is Multidistrict Litigation?
Multidistrict litigation is useful when numerous individuals share common
grievances against a singular entity. In other words, when a corporation
or manufacturer harms numerous patients in similar ways, MDLs are established
so that they can share discovery. This also allows them to accelerate
the early trial proceedings and avoid duplicate testimony, while preventing
conflicting rulings. MDLs differ from class actions in that each case
is treated singularly and awards are based on the individual’s injury
In the U.S. District Court for the Southern District of West Virginia,
there are presently 21,700 Ethicon lawsuits pending. Plaintiffs in these
lawsuits allege that the TVM sling led to serious complications, such
as mesh erosion, extrusion, infection, and pain. Some patients have never
fully healed from their injuries and some have been left with permanent
The first two Ethicon bellwether trials against Ethicon have already been
completed and resulted in very different verdicts. In the first bellwether
trial, the jury found in favor of the defendant because they determined
that the plaintiff did not present sufficient evidence. The second bellwether
trial, however, was vastly different. The jury found in favor of the plaintiff
and awarded $3.27 million to the injured plaintiff. Due to the different
verdicts in the first two Ethicon bellwether trials, all eyes are on this
third trial. Until then, however, all plaintiffs that have filed vaginal
mesh lawsuits will have to wait and see.
National Defective Medical Device Lawyers
If you have suffered complications as a result of your transvaginal mesh
implant, you could have a case against the manufacturer. Call our defective
medical device lawyers at Golomb & Honik, P.C. at
(215) 278-4449 for a consultation and to learn about your legal options. Our goal is
to get you the greatest maximum recovery for your physical and emotional