In the Boston Scientific mesh multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia, bellwether case presentations took place in early August. However, following case presentations from both sides, U.S. District Judge Joseph R. Goodwin found the selections unfit for bellwether trials.
According to court documents, the plaintiffs presented cases that involved several different products. Furthermore, the bellwether cases selected by the defendants conflicted with the statute of limitations. Judge Goodwin described the bellwether case selections as presenting too many unique elements.
Left unsatisfied with the selections, Judge Goodwin ordered both sides to compile a new list of bellwether cases for presentation that are more representative. In addition to the stipulation that the bellwether case selections be representative, Judge Goodwin also set additional guidelines for both sides to follow in this second round of case selections.
In developing its second list of bellwether cases, both sides were ordered to adhere to an eight case maximum. According to court documents, the cases must concern only one Boston Scientific product, including the Obtryx, Advantage/Fit, Pinnacle, and Uphold. Furthermore, cases must involve plaintiffs anywhere from 40 to 60 years of age with anywhere from 0 to 3 revision surgeries. Also, these cases must avoid conflicts with the statute of limitations.
Judge Goodwin will soon select the bellwether cases for the Boston Scientific mesh MDL, as both sides submitted their second list of bellwether cases on August 12, 2013. Judge Goodwin will select six cases from the pool.
There will be three bellwether trials in the Boston Scientific mesh MDL, with the first trial scheduled for February 11, 2014. The following two bellwether trials will take place on June 17, 2014 and September 9, 2014.
Though there have been some minor bumps in the road, the Boston Scientific mesh MDL continues to make progress in a fairly efficient manner.
The transvaginal mesh lawyers at Carey Danis & Lowe find that an efficient legal process is vital in ensuring that justice is properly served. Carey Danis & Lowe is pleased by Judge Goodwin’s order to have both sides resubmit bellwether selections due to a lack of representative cases. Selecting representative cases for trial is an important part of the multidistrict litigation process, as it maintains efficiency.
Carey Danis & Lowe transvaginal mesh lawyers are currently accepting vaginal mesh cases. Contact Carey Danis & Lowe today to speak with an experienced transvaginal mesh lawyer. We offer free legal evaluations, as well as medical advice from our nurses and medical experts.
Contact Carey Danis & Lowe by calling 800.721.2519 or by submitting a personal injury claim form.References: Defective Medical Device litigation, Transvaginal Mesh