A number of plaintiffs involving in litigation against several makers of vaginal mesh implants are seeking to have the cases consolidated in a federal court.
A hearing is scheduled for January 26th in a Miami district court to allow attorneys for several of the plaintiffs to argue that lawsuits filed against Boston Scientific, American Medical Systems and Johnson & Johnson should be consolidated into a muldistrict litigation (MDL) for pretrial proceedings. If the court grants the motion for consolidation, the cases would join another MDL involving C.R. Bard in the U.S. District Court for the Southern District of West Virginia. Chief Joseph R. Goodwin is currently presiding over a number of lawsuits filed in connection with the company’s Avaulta pelvic mesh. Judge Goodwin was appointed to oversee the In re Avaulta Pelvic Support Systems Product Liability Litigation (MDL No. 2187) in 2010.
Plaintiffs in the vaginal mesh lawsuits allege that the devices caused serious complications, including severe pain, tissue damage, blood vessel damage, scarring, swelling and an inability to engage in normal sexual relations. The plaintiffs also claim that the manufacturers of these devices were aware of the potential defects with the mesh implants but failed to adequately warn the public of the risk.
In recent months, vaginal mesh implant makers have drawn increasing scrutiny from the U.S. Food and Drug Administration. In January 2011, the FDA announced that it would order 33 makers of vaginal mesh devices, including several of those named in the pending litigation, to conduct additional post-market studies to assess the safety of their products. The announcement comes after the FDA issued an updated safety warning in 2011 advising patients and health care providers that the risks associated with transvaginal mesh may potentially outweigh its benefits.
In addition to the FDA oversight, lawmakers are also seeking to establish the safety and efficacy of mesh implants. House Democrats, including California Representative Henry Waxman, recently drafted a letter to the House Energy and Commerce Committee requesting congressional hearings on the safety of these devices. The lawmakers say the hearings are necessary to determine whether current FDA approval guidelines for medical devices are sufficient to ensure public safety.
Women who believe they were injured by vaginal mesh are urged to contact an experienced personal injury lawyer to discuss their legal rights. The vaginal mesh attorneys at Nadrich & Cohen, LLP are currently investigating claims from women in all 50 states and we want to hear from you.
Call our Injury Hotline today at 1-800-722-0765 to begin your free initial case evaluation. All cases are accepted on a contingency basis, meaning we never charge a fee unless we recover a monetary judgment on your behalf.