Transvaginal Mesh Lawsuits: Manufacturers Start Settlement Talks

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.

Transvaginal Mesh Lawsuits - Manufacturers Start Settlement TalksPrior Settlements and Jury Awards

These settlement discussions follow jury verdicts against mesh manufacturers and settlements in the preceding year.  In August 2013, C.R. Bard lost its first federal bellwether trial and was ordered to pay $2 million in damages.  The company then chose to settle the second bellwether case right before the trial was scheduled to begin.  In July 2012, C.R. Bard lost a California state trial where a jury awarded $5.5 million to a plaintiff injured by the Avaulta mesh product, according to Bloomberg News.

Earlier this year, Johnson & Johnson was also ordered by a New Jersey state court jury to pay over $11 million in damages.  Around the same time, Endo Health Solutions paid a settlement of $54.5 million to a number of plaintiffs who alleged the company’s mesh product was defective.

Boston Scientific Bellwether Trials Scheduled

Meanwhile, four cases against Boston Scientific Corp. have been selected for bellwether trials.  The trial for the first case, Fawcett v. Boston Scientific Corp., is scheduled to begin on March 10, 2014.  These cases, which are part of the multidistrict litigation In re Boston Scientific Corp. Pelvic Repair System Products Liability Litigation (MDL No. 2326), are pending in the Southern District of West Virginia with Judge Joseph Goodwin presiding.

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