Pelvic Mesh Manufacturers Allegedly in Settlement Talks as Patients’ Attorneys in Multidistrict Litigations Seek Creation of a Settlement Committee, Notes Parker Waichman
(PRWEB) October 01, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that a Sept. 30 Bloomberg report reveals that C.R. Bard; Endo Health Solutions Inc.’s American Medical Systems; Boston Scientific Corp.; Coloplast Corp.; and Cook Medical Inc. “have begun talks about settling all suits over their products,” according to people familiar with the matter. These sources added that Johnson & Johnson, which faces lawsuits over mesh products made by its Ethicon Inc. division, isn’t involved in the talks.
According to Bloomberg’s sources, Plaintiffs’ Attorneys want U.S. District Judge Joseph Goodwin in Charleston, West Virginia, who is overseeing the multidistrict litigations (MDLs) — composed of more than 30,000 separate lawsuits against the mesh makers — to appoint a settlement committee. The total number could rise to encompass more than 50,000 lawsuits, the sources told Bloomberg.
“It is too early in the process to believe that these cases are on a settlement track. However, whether it be settlement or trial, our goal is to get our clients adequate compensation for their injuries,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.
This recent development follows the settlements of two earlier mesh lawsuit trials by C.R. Bard. Most recently, the company settled Virgil v. C.R. Bard Inc., Case No. ATL-L6917-10, which was filed in the Superior Court of New Jersey Law Division, Atlantic County. It was settled prior to Sept. 26, its scheduled start date, according to court documents. The first case C.R. Bard settled happened on the first day of the trial, Aug. 21, 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). In both instances, the settlement amount was not disclosed.
Six MDLs are pending in U.S. District Court for the Southern District of West Virginia: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327; 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: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation, MDL No. 2326; In Re: Coloplast Corp., Pelvic Support Systems Products Liability Litigation, MDL No. 2387; and In Re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2440.
Mesh erosion through the vagina (also called exposure, extrusion, or protrusion)
Pain during sexual intercourse (dyspareunia)
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).
Parker Waichman LLP continues to offer free lawsuit consultations to victims of transvaginal mesh injuries. If you or a loved one experienced complications following mesh-related surgery for POP or stress urinary incontinence (SUI), please visit the firm's transvaginal mesh injury page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).