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Judge Orders New Boston Scientific Vaginal Mesh Lawsuit List

The judge overseeing multidistrict litigation against vaginal mesh manufacturer Boston Scientific has ordered a new Boston Scientific vaginal mesh lawsuit list. The list will be used to select early bellwether trials that will serve as indicators of how future Boston Scientific lawsuits might be handled.

New list to represent majority

The judge overseeing the Boston Scientific transvaginal mesh MDL, Judge Joseph R. Goodwin, sent the order because he was not satisfied with the original list of cases sent to him for bellwether consideration. Judge Goodwin stated the first list did not include a good representation of the majority of cases pending in the MDL. The plaintiff’s list included women who received multiple vaginal mesh products, and the defendants list had statute of limitations issues.

Judge Goodwin ordered both sides to create a new list, and established parameters for them to do so. Plaintiffs will be restricted to those between the ages of 40 and 60, who filed a Boston Scientific vaginal mesh lawsuit after being implanted with a single mesh product. The plaintiffs must have had three or less revision surgeries to correct complications with the mesh. The judge also indicated none of the cases on the list should have statute of limitations issues.

Growing Boston Scientific vaginal mesh lawsuit number

Boston Scientific is one of a number of manufacturers of vaginal mesh – a surgical device used to treat stress urinary incontinence and pelvic organ prolapse. Unfortunately, some women who received these devices suffered serious and painful side effects, including mesh erosion, infection and painful urination. Women who were injured by the devices began filing lawsuits seeking compensation for their suffering and medical bills.

Many of those lawsuits were coordinated into multidistrict litigation for the purpose of streamlining some of the early trial proceedings. Lawsuits against a number of manufacturers, including Boston Scientific, were assigned to U.S. District Court for the Southern District of West Virginia, where Judge Goodwin is presiding over the cases. Currently, there are more than 5,500 cases pending against Boston Scientific.

In addition to lawsuits against Boston Scientific, women have filed complaints against Bard Avaulta, American Medical Systems, Ethicon, Coloplast, and Cook Medical. All of the MDLs involving these manufacturers are also under the oversight of Judge Goodwin in the Southern District of West Virginia. In addition, multiple lawsuits have been filed against these manufacturers in state courts across the country.

Women who have filed a Boston Scientific vaginal mesh lawsuit alleged they experienced painful pelvic mesh complications when the mesh eroded through the vagina, resulting in bleeding, infection and other medical problems. In some cases, revision surgery was necessary to remove the defective mesh. However, even after surgery, some women have complained the pain and other side effects continued.

Moving to the first transvaginal mesh trial

The next step in the multidistrict litigation involving Boston Scientific lawsuits is the selection of bellwether trials. These early trials will provide a gauge on how juries will respond to testimony and evidence. They will also set the tone for any future transvaginal mesh trail involving a Boston Scientific product.

The bellwether trials for Boston Scientific litigation are scheduled for February 11, June 17 and September 9, 2014. Judge Goodwin issued this recent order on August 7, 2013, and required representatives on both sides to produce new lists by August 12. The current dates for the bellwether trials are still scheduled to take place as planned.