Mass Torts Update - Written by Beasley Allen on Monday, October 7, 2013 10:14 - 0 Comments

Bellwether Trials Scheduled In Transvaginal Mesh Litigation

Over 25,000 () cases are pending in the Multidistrict (MDL) in the Southern District of West Virginia, which is overseen by U.S. District Judge Joseph R. Goodwin. These six MDLs involve vaginal mesh manufacturers C.R. Bard, Inc., American Medical Systems, Inc., Boston Scientific Corp., Ethicon Inc., Coloplast Corp., and Cook Medical Inc. Several thousand more cases are pending in consolidated state court litigations in New Jersey, California, Massachusetts, and Minnesota against these defendants and other manufacturers.


Judge Goodwin of the Southern District of West Virginia recently scheduled the first round of bellwether trials involving manufacturers Bard, Boston Scientific, and AMS.  These bellwether trials are scheduled for November of this year, February and April of 2014 and will serve as the first bellwether trials involving these three defendants.  There is also an Ethicon trial scheduled for December of this year in New Jersey state court.


The scheduled trials are in addition to the bellwether trials involving C.R. Bard that have been ongoing since July 2013.  As previously reported, the first two trials produced positive results for the Plaintiffs in each case.  In the first case, Cisson, et al. v. C.R. Bard, Inc., the jury returned a verdict in favor of the Plaintiff, Donna Cisson.  Shortly thereafter, C.R. Bard reached a settlement with the plaintiff in the second Bellwether trial, Queen, et al. v. C.R. Bard, Inc. The third and fourth trials involving C.R. Bard are slated to begin this month and in November 2013.


In addition to these trials, discovery is ongoing in both the overall and individual cases.  Lawyers from our firm’s Mass Torts Section continue to be heavily involved in the , including the massive discovery process. Our lawyers are currently investigating where women have experienced organ perforation, bleeding, urinary incontinence, fecal incontinence, pelvic and vaginal pain, infection, discomfort during intercourse, and the need for corrective surgeries following the transvaginal placement of mesh for pelvic organ prolapse (POP) or stress urinary incontinence (SUI) repair.  If you or a family member has suffered such an injury, contact Leigh O’Dell or Chad Cook, lawyers in our Mass Torts Section, at 800-898-2034 or by email at or


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