Boston Scientific Mesh Bellwether Cases Move Forward

Allegations that transvaginal mesh products are defective and can cause serious harm to women have led to thousands of lawsuits against multiple companies, including Johnson & Johnson, Ethicon, Caldera Corporation, Mentor Corporation, C.R. Bard, Boston Scientific and Sofradim, among others. As the number of filed cases continues to increase, multidistrict litigation (MDL) has become the preferred method of dealing with the suits; cases against C. R. Bard, American Medical Systems, Boston Scientific and Ethicon are currently consolidated in federal courts.

Boston Scientific has been hit with more than 6400 lawsuits over its vaginal mesh product.

Boston Scientific has been hit with more than 6400 lawsuits over its vaginal mesh product, and although bellwether trials were chosen by an agreement between plaintiffs and the company back in August, the cases were promptly rejected by Judge Joseph Goodwin as unsuitable. At the time, Judge Goodwin laid out criteria for suitable cases – an unusual step born, perhaps, out of frustration at the pace of the suits. Now, WBJ reports that four new bellwether trials have been selected and will go trial to beginning March 10, 2014. Two of the cases reportedly involve Boston Scientific’s Pinnacle mesh, while two make allegations against its Obtryx mesh. The cases are being heard in a federal court in West Virginia.

Plaintiffs allege that mesh slings have caused infection, pain, organ perforation, scarring, pain and discomfort during sex, and urinary problems. Complications were first highlighted by the FDA in 2007 and tens of thousands of lawsuits have since been filed across the United States. Despite this, mesh products remain approved for use, with only one – Mentor ObTape Vaginal Sling – recalled due to design defects. Regardless, juries have recently found both C. R. Bard and Ethicon liable for millions in damages, and manufacturers are thought to be considering settlements as the most viable option in the face of ongoing legal action.