Transvaginal Mesh Bellwether Trials To Begin

Litigation against the makers of various transvaginal mesh (TVM) products took a step forward recently with the announcement in at least two sets of cases that bellwether trials would soon begin. These trials, the first cases to go to court, will offer crucial insight into the likely outcome of thousands of TVM lawsuits already filed. For women who experienced often debilitating health problems after being treated with mesh products, these bellwether trials will act as an important indicator of juries’ views and potential settlement awards.

In a separate series of cases, C. R. Bard and its Avaulta mesh face more than 4,500 lawsuits alleging injuries caused by the product.

Johnson & Johnson is facing a reported 8,460 lawsuits alleging that its Ethicon unit’s transvaginal mesh provided inadequate warning, and was defective. Women implanted with the mesh have reported injuries such as infection, scarring, and organ damage, as well as mesh erosion and shrinkage. Some women required multiple surgeries to remove transvaginal mesh, which, in select cases, was still not possible

Lawsuits against Johnson & Johnson were brought together in a Multidistrict Litigation (MDL) in U.S. District Court, Southern District of West Virginia. On July 25th, a Court Order was issued that identified four cases to be used in two rounds of bellwether trials. The outcome of these trials will be watched closely by lawyers and plaintiffs in the remaining cases. Bellwether trials are often used as both a sounding board for defendant and plaintiff arguments and as a strong indicator of what is likely to happen in future cases. For Johnson & Johnson’s Ethicon TVM, the first trial is set to begin January 14, 2014, while a second is set for May 27, 2014.

In a separate series of cases, C. R. Bard and its Avaulta mesh face more than 4,500 lawsuits alleging injuries caused by the product. These cases are also consolidated in an MDL in West Virginia, and the first bellwether trial begins today, July 29th, after a previous case was declared a mistrial after expert witness testimony strayed into forbidden territory. The plaintiff in the case, a public nurse, required multiple surgeries after the allegedly defective mesh caused complications.

Nationwide, more than 20,000 lawsuits have been filed against the various TVM makers after allegations arose that the products eroded, caused infections, and led to pain, discomfort, scarring, organ damage, and other injuries. For women who have been suffering these complications, the upcoming bellwether trials could mean they are one step closer to an eventual ruling on whether the companies are at fault. For now, however, lawsuits continue.