Transvaginal Mesh Bellwether Cases Chosen

Lawsuits against American Medical Systems’ transvaginal mesh took another step forward this week as four bellwether cases were chosen. Bellwether trials, the outcome of which may affect potential settlement awards for other claimants, are often the first cases to go to trial, and are used by both plaintiffs and defendants to ‘test the water’ of the courts. The strength of certain arguments and the eventual judgments of juries can have a big impact on other women who have filed claims against AMS. Although plaintiffs not listed in these four specific cases are in no way tied to the results, it’s one step closer to reaching a conclusion for the thousands of women who allege TVM has caused them pain and suffering.

Thousands of women have filed lawsuits after receiving the company’s transvaginal mesh.

The U.S. District Court for the Southern District of West Virginia issued a Pretrial Order on July 1, reporting that four bellwether cases have been selected in American Medical Systems Inc’s multidistrict litigation. Thousands of women have filed lawsuits after receiving the company’s transvaginal mesh. Allegations include, among others, that the mesh causes pain, bleeding, infection, scarring, and in certain cases a reoccurrence of prolapse. The four bellwether cases are, in no special order:

• Lisa Fontes, et al. v. American Medical Systems, Inc. 2:12-cv-02472
• Joann Serrano v. American Medical Systems, Inc., et al. 2:12-cv-03719
• Debbie K. Jilovec v. American Medical Systems, Inc. 2:12-cv-05561
• Mary Weiler, et al. v. American Medical Systems, Inc. 2:12-cv-05836

The first case is set to begin on December 3, 2013, with the second beginning May 6, 2014. Which of the four cases will begin first has not yet been decided, but U.S. District Judge Joseph R. Goodwin will make that decision.