Published January 29, 2013 by FinChannel
The first trial of 1,800 state lawsuits against Johnson & Johnson’s transvaginal mesh began earlier this month with jury selection and opening arguments.
This lawsuit will focus on the company’s Gynecare Prolift System and will hopefully prove that the mesh is defective and possibly even that Ethicon knew of the dangers associated with the device.
The trial is already focusing on what Ethicon did or did not know in regards to the safety of their mesh products. As WebWire said, in these early Bellwether trials, certain plaintiffs in the MDL are selected to have their cases tried before a jury.
Because the plaintiffs’ cases involve common factual and legal issues, the trial can reveal evidence, trends or patterns in the litigation, or act as a guide for later trials involving the same or similar allegations.
The outcomes of these trials may help facilitate an eventual transvaginal mesh settlement agreement between the parties.
The next set of trials for transvaginal mesh cases will be the trial cases in re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2187). They will begin on February 5, 2013 according to the status conference report.
It will be the first bellwether trial date for the allegedly defective implants sold by C.R. Bard. Bard sells the widely used, Avaulta System, as well as a number of other women’s pelvic repair products.
D. Miller & Associates, PLLC is currently representing clients injured by transvaginal mesh implanted for pelvic organ prolapse or stress urinary incontinence.