On December 31, 2013, Judge Joseph R. Goodwin issued a Pretrial Order requesting that attorneys for the plaintiffs in In re: C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation provide an inventory of all claims in the lawsuit. This will include both filed and unfiled cases, as well as cases that are currently pending in other jurisdictions and will later be transferred to the federal multidistrict litigation (MDL). More »

Bloomberg News reported that on December 2, 2013, plaintiffs in a consolidated lawsuit against Ethicon, Inc. filed a motion alleging that the company destroyed or misplaced documents related to the litigation. Ethicon is a subsidiary of Johnson & Johnson (J&J) that manufactures Gynecare Prolift, a vaginal mesh insert used to treat pelvic organ prolapse. More »

Alex Neil, the Scottish Cabinet Secretary for Health and Well-Being, has been very vocal about his belief that the dangers of transvaginal mesh implants must be made public. In a public statement before the Scottish Parliament’s Health Committee, Neil noted that adverse transvaginal mesh surgeries have “caused a lot of heartache to say the least,” and that “there has been a lot of disquiet and . . . very unsuccessful procedures which have had a long-term impact on the women affected,” according to the Daily Record UK. Neil told the audience that he is working to ensure that when “any woman comes forward for this procedure or is referred for this procedure, that [she is] made absolutely, totally aware of the risks involved.” More »

On October 9, 2013, the Massachusetts appeals court reversed a decision by the Suffolk County Superior Court to dismiss a transvaginal mesh lawsuit. According to the appeals court order, the trial court had thrown out Allen v. Boston Scientific Corp. due to a technical finding that the complaint did not meet pleading standards to stay in court. The state appeals court disagreed and found that plaintiff Billie Allen had provided enough factual details in her complaint to show that she suffered injuries from mesh devices. As a result, the appeals court reinstated Ms. Allen’s claims. More »

On September 30, 2013, Bloomberg News reported that five transvaginal mesh manufacturers – C.R. Bard Inc., Boston Scientific Corp., Coloplast, Cook Medical, and Endo Health Solutions Inc. – have begun discussions to settle lawsuits regarding their products. If settlement talks are successful, it could resolve more than 30,000 lawsuits against the five companies. Currently, Johnson & Johnson is the only company that has chosen not to join the discussions. More »

In a Pretrial Order dated September 6, 2013, Magistrate Judge Cheryl A. Eifert accepted an agreement between plaintiffs and defendants in the multidistrict litigation (MDL) against Ethicon, Inc. Ethicon is a division of Johnson & Johnson that manufactures transvaginal mesh used to treat pelvic organ prolapse in women. The agreement concerns the types of documents related to Ethicon’s mesh products that the company must produce, which are in addition to documents the company has already turned over. This development will help Plaintiffs gain access to evidence that could help support their claims. More »

After the first bellwether trial ended with a $2 million jury verdict for the plaintiff, C.R. Bard Inc. has agreed to settle Queen v. C.R. Bard Inc. The Queen lawsuit was scheduled to be the second case tried in the multidistrict litigation involving Bard’s transvaginal mesh implants. Bloomberg News reports that attorneys for the plaintiff notified the judge of the settlement August 21, just before the trial was slated to begin. The terms of the settlement were not disclosed. More »

Cisson v. C.R. Bard, Inc., the first of the bellwether cases in the federal multidistrict litigation against transvaginal mesh manufacturers, ended on August 15, 2013. According to court documents, after only one day of deliberations, the jury found that the plaintiff, Donna Cisson, had proven both her claims of design defect and failure to warn against Avaulta manufacturer C.R. Bard. More »

Cisson v. C. R. Bard, Inc., the first case in the federal multidistrict litigation against the six largest transvaginal mesh manufacturers, began July 29 in West Virginia after a mistrial was declared July 10. The Plaintiff, Donna Cisson, presented her case last week. C.R. Bard will begin its presentation this week. More »

The first of four bellwether trials of the C.R. Bard transvaginal mesh lawsuits began for the second time on Monday, July 29, in the U.S. District Court in the Southern District of West Virginia. The initial trial in Cisson v. C.R. Bard Inc. was declared a mistrial on July 10, after an expert witness gave improper testimony. The Charleston Daily Mail reported that trial is now underway again before a new jury. More »