Were you injured by defective vaginal mesh? If you are looking for information regarding a vaginal mesh class action lawsuit, you are not alone. However, of the 10,000+ vaginal mesh lawsuits currently pending against 6 manufacturers, most are not filed in a vaginal mesh class action lawsuit. The lawsuits were filed as individual personal injury lawsuits that were transferred into a centralized federal court as part of a Multi-District Litigation (MDL).
What You Can Do & How a Vaginal Mesh Lawsuit Can Help
The Schmidt Firm, PLLC is currently accepting vaginal mesh induced injury cases in all 50 states. If you or somebody you know was injured by a severe vaginal mesh side effect, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call us toll-free 24 hours a day at (866) 920-0753.
Why are there no Vaginal Mesh Class Action Lawsuits?
There are no vaginal mesh class action lawsuits involving serious injuries. In the United States, nearly all large, complex litigation involving medical device injuries are resolved in a Multi-District Litigation (MDL) instead of a class action.
An MDL is not a class action. However, class actions can be transferred into an MDL. An MDL can also contain thousands of individual personal injury lawsuits. Once a case is transferred into the MDL, it remains independent — unlike a class action, where many plaintiffs’ claims are consolidated into one claim.
The benefit of having an MDL instead of a class action is that your lawyer can advocate aggressively on your behalf. Your case can be presented based on the individual merits of your claim, rather than being lumped into the general merits of the class as a whole. Furthermore, if you are awarded a large settlement, you won’t have to split your award with other people in a class action.
Vaginal Mesh and the Multi-District Litigation (MDL) Process
The Multi-District Litigation (MDL) process begins when the U.S. Judicial Panel on Multi-district Litigation (JPML) decides that a large number of lawsuits are similar enough that it would be more efficient to centralize the litigation in one federal court. The JPML decides where to establish the MDL.
After the MDL is established (usually in a district court where there are already a few relevant lawsuits pending), other lawsuits and class actions are transferred into the MDL. Then, lawyers for the plaintiffs and defendants establish leadership committees that will help guide the pre-trial discovery process and the selection of “bellwether” trial candidates.
Bellwether trials are very important in an MDL, because they are the first trials in the litigation. Lawyers choose cases to help gauge the jury’s response to evidence. This can help evaluate a potential settlement and expedite a resolution of the matter.
Compensation for a Vaginal Mesh Lawsuit
If you decide to file a vaginal mesh lawsuit, you could receive compensation for:
- Medical expenses
- Costs of additional surgery
- Lost wages
- Loss of spousal consortium
- Decreased quality of life
- Pain and suffering
- And more
List of Vaginal Mesh MDL and Manufacturers
The following is a list of vaginal mesh MDLs and manufacturers located in the U.S. District Court for the Southern District of West Virginia before Judge Joseph R. Goodwin, involving 10,000+ lawsuits:
- C.R. Bard, manufacturer of Bard Avaulta vaginal mesh. MDL created in 2010. Federal trials begin in 2013. State trial in CA awarded $5.5 million (Christine Scott).
- American Medical Systems (AMS), MDL created in February 2012.
- Ethicon (subsidiary of Johnnson & Johnson), manufacturer of Gynecare Prolift and others. MDL created in February 2012.
- Boston Scientific, manufacturer of ProteGen and others. MDL created in February 2012.
- Coloplast, manufacturer of vaginal mesh and bladder sling. MDL created in August 2012.
Another vaginal mesh MDL is pending in the U.S. District Court for the Middle District of Georgia, before Judge Clay D. Land:
- Mentor Ob Tape, MDL established in 2008. Very few of the estimated 35,000 women implanted with this device have filed a lawsuit.
Vaginal Mesh and State Court Litigation
One vaginal mesh lawsuit has already gone to trial in a state court in California. In July 2012, Christine Scott and her husband were awarded $5.5 million for her vaginal mesh lawsuit by a jury in Bakersfield. The jury found that Scott’s doctor and C.R. Bard, the manufacturer of the Avaulta vaginal mesh, failed to adequately warn her about the risks of the implant.
Mrs. Scott, an avid runner, was implanted with the Avaulta vaginal mesh in 2008 to treat Stress Urinary Incontinence (SUI). The implant soon began eroding into nearby tissues, including her vagina and colon. She suffered an intestinal perforation and still suffers debilitating complications. She has already undergone 8 surgeries and may require more in the future.
Do I have a Vaginal Mesh Lawsuit?
The Schmidt Firm, PLLC is currently accepting vaginal mesh induced injury cases in all 50 states. If you or somebody you know was injured by vaginal mesh, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call us toll-free 24 hours a day at (866) 920-0753.
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