We will soon know how juries feel about the conduct of the manufacturers of transvaginal mesh devices. The first case is set to go forward this November 2012 against Johnson & Johnson – Ethicon division over claims that its Gynecare Prolift injured women. Superior Court Judge Carol Higbee will be presiding over this trial.
In February 2013, the first trial against C.R. Bard is scheduled to move forward before U.S. District Judge Joseph R. Goodwin in Charleston, West Virginia. It is the first of approximately 600 federal cases claiming that Bard’s Avaulta device caused serious injuries, including erosion and extrusion.
Future trials in the coming year will be against other manufactures of pelvic mesh devices including American Medical Systems and Boston Scientific. Cases against some of the smaller manufacturers like Coloplast, Caldera and Tyco/Coviden will probably not go forward until after a first round of trials involving Ethicon, Bard, AMS and Boston Scientific. Our firm is still pursuing claims against these smaller manufacturers. We have multiple cases filed in state court in Minnesota. Some of the device names of the smaller manufacturers include: Tyco’s IVS Tunneler, Coloplast’s Aris Sling, MPathy Restorelle and Novasilk and Caldera’s T-Sling and Desara.
As is now obvious, these devices are extremely dangerous and can lead to a lifetime of pain. In 2011 an FDA warning was released saying these products should be classified as high risk, and “with the exposure to greater risk comes no evidence of greater clinical benefit such as improved quality of life.” The question now becomes whether the manufacturers were aware or should have been aware of these risks at the time they marketed these products to women and their physicians.