Barring any sudden changes, it would appear that the vaginal mesh legal proceedings as far as the multidistrict litigations (MDL) in West Virginia are concerned will go full blast by next year. Bellwether cases have been slated for trial against four large mesh manufacturers for the next seven months for the year 2014.
Scheduled Vaginal Mesh Trials in 2013
Scheduled for trials in 2013 were the bellwether cases filed against C.R. Bard. The first bellwether trial involved the vaginal mesh lawsuit filed by Donna Cisson and her husband and which was resolved by a jury in mid-August with a decision finding C.R. Bard as responsible for the injuries suffered by the claimant. A total of $2 million in damages was awarded to the plaintiffs, which represented compensatory damages of $250,000 and punitive damages of $1.75 million.
The second case involving the claim of Wanda Queen was settled out of court before it can even start hearing. With a request from Linda Rizzo, the complainant, for a dismissal of her vaginal mesh lawsuit, the third bellwether trial which was supposed to start on October 8, 2013 was cancelled. Originally scheduled for a December trial, the hearing of Carolyn Jones’ vaginal mesh lawsuit was postponed and rescheduled to another date.
Bellwether Trials for 2014
Trials of bellwether cases for at least four major mesh manufacturers have been scheduled by Judge Joseph Goodwin of the US District Court for the Southern District of West Virginia for the year 2014. Named defendants in these trials are Ethicon Inc., American Medical Systems (AMS), Boston Scientific, and C.R. Bard. Bellwether trials for Cook Medical and Coloplast, the other two defendants in the West Virginia MDL, may likely be agreed before the year 2014 ends.
The claim of Carolyn Jones against C.R. Bard, set on January 10, 2014, will be the first bellwether trial for the year 2014. The lawsuit of Lewis against Ethicon with the date tentatively slated for February 10, 2014 and that of Fawcett versus Boston Scientific on March 10, 2014 will comprise the bellwether trials for the first quarter of the year.
Bellwether trials have also been lined up for three defendants for the next four months. American Medical Systems (AMS) has been named defendant in bellwether trials scheduled for April 7, 2014 and May 5, 2014. The plaintiffs for these trials have yet to be determined by the court before the year ends.
After the trials of claims against AMS, the vaginal mesh lawsuit of Huskey against Ethicon will then be heard on June 23, 2014. On July 14, 2014, the second bellwether case involving Boston Scientific will follow, with the name of the plaintiff still to be determined.
Possible Out-of-Court Settlement
It might not come as a surprise that changes may take place especially if the reported settlement talks between five defendants and thousands of plaintiffs are finally consummated. The cancellation of a scheduled trial is another scenario if settlement is arrived at before the start of the trial. Examples of this would be the two cases against C.R. Bard in West Virginia and New Jersey.
Even if settlement negotiations fail, lawyers for the plaintiffs are optimistic that their clients will eventually prevail. This should provide the needed encouragement to the thousands of injured women who have filed vaginal mesh lawsuits against the erring mesh manufacturers.
References:
Scheduled Vaginal Mesh Trials in 2013
Scheduled for trials in 2013 were the bellwether cases filed against C.R. Bard. The first bellwether trial involved the vaginal mesh lawsuit filed by Donna Cisson and her husband and which was resolved by a jury in mid-August with a decision finding C.R. Bard as responsible for the injuries suffered by the claimant. A total of $2 million in damages was awarded to the plaintiffs, which represented compensatory damages of $250,000 and punitive damages of $1.75 million.
The second case involving the claim of Wanda Queen was settled out of court before it can even start hearing. With a request from Linda Rizzo, the complainant, for a dismissal of her vaginal mesh lawsuit, the third bellwether trial which was supposed to start on October 8, 2013 was cancelled. Originally scheduled for a December trial, the hearing of Carolyn Jones’ vaginal mesh lawsuit was postponed and rescheduled to another date.
Bellwether Trials for 2014
Trials of bellwether cases for at least four major mesh manufacturers have been scheduled by Judge Joseph Goodwin of the US District Court for the Southern District of West Virginia for the year 2014. Named defendants in these trials are Ethicon Inc., American Medical Systems (AMS), Boston Scientific, and C.R. Bard. Bellwether trials for Cook Medical and Coloplast, the other two defendants in the West Virginia MDL, may likely be agreed before the year 2014 ends.
The claim of Carolyn Jones against C.R. Bard, set on January 10, 2014, will be the first bellwether trial for the year 2014. The lawsuit of Lewis against Ethicon with the date tentatively slated for February 10, 2014 and that of Fawcett versus Boston Scientific on March 10, 2014 will comprise the bellwether trials for the first quarter of the year.
Bellwether trials have also been lined up for three defendants for the next four months. American Medical Systems (AMS) has been named defendant in bellwether trials scheduled for April 7, 2014 and May 5, 2014. The plaintiffs for these trials have yet to be determined by the court before the year ends.
After the trials of claims against AMS, the vaginal mesh lawsuit of Huskey against Ethicon will then be heard on June 23, 2014. On July 14, 2014, the second bellwether case involving Boston Scientific will follow, with the name of the plaintiff still to be determined.
Possible Out-of-Court Settlement
It might not come as a surprise that changes may take place especially if the reported settlement talks between five defendants and thousands of plaintiffs are finally consummated. The cancellation of a scheduled trial is another scenario if settlement is arrived at before the start of the trial. Examples of this would be the two cases against C.R. Bard in West Virginia and New Jersey.
Even if settlement negotiations fail, lawyers for the plaintiffs are optimistic that their clients will eventually prevail. This should provide the needed encouragement to the thousands of injured women who have filed vaginal mesh lawsuits against the erring mesh manufacturers.
References:
- meshmedicaldevicenewsdesk.com/latest-in-the-litigation-concerning-mesh-and-medical-device
- wvsd.uscourts.gov
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