Earlier this year, the Judge presiding over the Transvaginal Mesh MDL urged device makers and plaintiffs to work harder to resolve one of the biggest U.S. mass torts in history. While some manufactures have begun private settlements, Plaintiffs and other manufacturers prepare for additional trials.
More than 75,000 transvaginal mesh lawsuits against seven companies have been consolidated before MDL Judge Goodwin, and additional cases continue to pile up with more women injured by the mesh devices. Judge Goodwin made a point of mentioning that it would take decades and costs millions of dollars to bring all of the cases to trial if a settlement is not reached. But indicated that he would push for more trial dates in the near future if progress is not made.
“I’m going to kick it into high gear and ask that you do the same,” said United States District Court Judge Joseph Goodwin in Charleston, West Virginia, according to Reuters.
The companies facing the most cases have each been hit with multimillion-dollar verdicts for women with painful infections, bleeding and other complications caused by transvaginal mesh. While the size of those verdicts has increased the pressure to settle, the companies stand behind the devices and deny that they are defective. Defense lawyers said they are set to prepare hundreds of additional cases for trial. Meanwhile, Judge Goodwin has ordered another joint conference status meeting later this summer to see each side’s efforts to resolve the massive mass tort.
Boston Scientific
Major manufacture, Boston Scientific attained some early trial victories in Transvaginal Mesh litigation. However, Boston Scientific recently lost two high-profile mesh cases involving several women in Miami federal court and West Virginia federal court. Since then it has disclosed in an April filing with the U.S. Securities and Exchange Commission that it has set aside funds to settle less than 12% of the cases currently filed against it, including a $35 million Plaintiff’s jury award that the company has appealed in Dallas. Even after this private settlement Boston Scientific is still facing 22,000 lawsuits nationwide from women injured by the same devices.
Ethicon
Johnson & Johnson’s Ethicon subsidiary, has been resistant to any global settlement of cases and continues to fight each individual case. However, they do so with a less than stellar record, 3 of the last 4 jury trials have been multi-million dollar plaintiff victories. The recent losses likely triggered Ethicon’s undisclosed settlement for the next MDL case set for trial against it. Ethicon is still holding out on resolving its claims globally. As one of the most popular manufacturer of Transvaginal mesh, it has the largest number of lawsuits filed over its products, now exceeding 30,000 claims. Many of these claims are related to devices that have been pulled off the market.
American Medical Systems
Last February, Judge Goodwin praised American Medical Systems, a major manufacturer for these devices, for deciding to settle its cases privately. The company said last year it would resolve 20,000 lawsuits and additional unfiled claims with a certain law firms.
While Judge Goodwin’s efforts to push for resolution of these cases have been considered unprecedented by news sources, for some manufacturer’s settlement discussions still drag on (or are nonexistent) and women injured by their products continue to suffer and seek justice.
Watts Guerra LLP continues to accept cases on for women harmed by these dangerous and defective surgical mesh products. Women who had a vaginal mesh or bladder sling implanted to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI) have been put at needless risk and suffer catastrophic complications from these medical devices. If you or a loved one has been harmed by transvaginal mesh contact our office at 800-294-0055 for your free case evaluation.
Defendants may hope that by holding out on resolving these cases injured women and their lawyers will become worn down and go away. But as the thousands of women who daily struggle with complications from their products know – transvaginal mesh problems do not just go away.
Written By:
Paige Boldt
Watts Guerra LLP
4 Dominion Drive, Bldg. 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
© Watts Guerra LLP 2015
