First Wave of Mass Tort Mesh Lawsuits Set to Begin in November 2012
The first round of vaginal mesh side effects lawsuits is set to get underway next November in New Jersey Superior Court. After experiencing vaginal mesh complications, numerous patients have hired a pelvic mesh lawyer and filed a transvaginal mesh lawsuit alleging that device manufacturer Ethicon Gynecare, a division of health care giant Johnson & Johnson, was negligent in the design and marketing of their mesh product.
Transvaginal mesh lawsuit trial will begin in 2012
Plaintiffs in the bellwether trials will be selected from more than 350 injured patients who, along with their pelvic mesh lawyer, have filed a transvaginal mesh lawsuit. Judge Carol E. Higbee will preside over the trials, which are scheduled to start in November of 2012. Judge Higbee has scheduled a completion date of March 30 for preliminary discovery in each transvaginal mesh lawsuit; by October 5, expert witnesses must be deposed.
Plaintiffs allege vaginal mesh complications
Plaintiffs who have filed a transvaginal mesh lawsuit allegedly experienced a range of vaginal mesh complications after using such Ethicon-manufactured products as the Gynecare Gynemesh, Gynecare Prolift mesh, Gynecare Prolene mesh and Gynecare TVT sling.
According to lawyers with experience filing a transvaginal mesh lawsuit, the mesh devices are permanently implanted to repair damaged tissue and reinforce a weakened vaginal wall. The mesh typically repairs pelvic organ prolapse (POP) or treats urinary incontinence by supporting the urethra.
Plaintiffs filing a transvaginal mesh lawsuit allege that after receiving the mesh implant, they experienced serious vaginal mesh complications. These transvaginal mesh lawsuit allegations have been substantiated by FDA warnings, including a July 2011 update in which the FDA stated that vaginal mesh complications are not rare; rather, over a roughly 3-year period, the national health agency received 2,874 reports of vaginal mesh complications including pain, infection, bleeding, organ tears, urinary problems and erosion of mesh through the vagina.
Many patients who have experienced any of these vaginal mesh complications have consulted a pelvic mesh lawyer to see if they are eligible to receive compensation for the injuries by filing a transvaginal mesh lawsuit.
The FDA also reviewed available scientific literature concerning vaginal mesh complications, and concluded that while transvaginal mesh repair was no more effective than other methods of non-mesh repair, it presented greater risks.
Transvaginal mesh lawsuit outcome could be pivotal
On the heels of the FDA’s safety alert, a number of patients hired a pelvic mesh lawyer and filed a transvaginal mesh lawsuit against Ethicon for allegedly failing to disclose the risks associated with their product. Because hundreds of plaintiffs in a transvaginal mesh lawsuit all made similar claims against Ethicon involving vaginal mesh complications, they were consolidated in New Jersey Superior Court and assigned for pre-trial coordination to one judge – mass litigation veteran, Judge Higbee.
These bellwether trials should set a precedent for future results of a transvaginal mesh lawsuit. A pelvic mesh lawyer will likely watch the outcome of these trials to assess how other plaintiffs filing a transvaginal mesh lawsuit will fare.