Plaintiffs Seek Consolidation of Defective Mesh Claims Against Boston Scientific
Last week, the U.S. Judicial Panel on Multidistrict Litigation (JPML) met in Miami. Among the issues set for hearing were requests to consolidate pending Federal Court cases alleging product defect claims due to transvaginal surgical mesh products against American Medical Systems, Ethicon (Johnson & Johnson) and Boston Scientific. I have already filed one of these cases against Boston Scientific and am investigating several others. So, naturally I am very interested in the decision as to where these cases will ultimately be consolidated.
As for the Boston Scientific cases, it is likely that they will be consolidated either before a Federal Judge in West Virginia (as generally sought by plaintiffs' counsel) or a Federal Judge in Oklahoma (as requested by Boston Scientific). I believe the Federal Court in West Virginia is the best choice. That Court is already handling similar claims against another mesh manufacturer, C.R. Bard, Inc.. As a result, that Court is familiar with these mesh products in general as well as many of the medical issues.
The injuries suffered by women who have had these products implanted are very serious and debilitating. These injuries include serious infections, erosion of the mesh into the tissue, urinary problems, injury to nearby organs, inflammation and severe pain. Often, additional surgery is necessary to try and correct some of the damage. In July 2011, the FDA issued a safety update detailing the dangers of transvaginal mesh products. An article last year on MSNBC also detailed the troubling history of how this product was placed on the market and the tremendous injuries which may result from its use.
