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Boston Scientific Corporation Archives - Carey Danis & Lowe

Transvaginal Mesh Trial Set for Early November

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginalmeshlawsuitIn early November, Boston Scientific will be the defendant in a transvaginal mesh lawsuit that will be heard in a federal court in Florida. The lawsuit involves 4 individual claims filed by women who are both Florida residents and received an implant of the Boston Scientific Pinnacle transvaginal mesh.

The 4 individual claims were consolidated in a federal court in West Virginia before being returned to their state of origin for trial.

On October 23, 2014, both parties met for a final pretrial conference.

According to a court document filed in a federal court in West Virginia by U.S. District Judge Joseph R. Goodwin, the trial for these 4 claims will begin on November 3, 2014.

The 4 transvaginal mesh lawsuits to be heard in Florida are:

  • Eghnayem v. Boston Scientific Corporation, 2:13-cv-07965 (lead case)
  • Dortes v. Boston Scientific Corporation, 2:13-cv-10077 (member case)
  • Nunez, et al. v. Boston Scientific Corporation, 2:13-cv-24346 (member case)
  • Betancourt v. Boston Scientific Corporation, 2:14-cv-08802 (member case)

Stay tuned to the Carey Danis & Lowe law blog for updates on the consolidated trial.

Carey Danis & Lowe Represents Transvaginal Mesh Users

Based in St. Louis, and representing clients across the country, Carey Danis & Lowe is a law firm that represents women who have used transvaginal mesh products, including the Boston Scientific Pinnacle.

Our law firm has worked hard to win our reputation for successfully and consistently recovering losses for our clients, and we continue to work just as hard to keep that reputation.

We are available to listen to your transvaginal mesh story today. You can reach Carey Danis & Lowe by phone at 800.721.2519, or by submitting a confidential personal injury claim form.

 

Transvaginal Mesh MDL Court Denies Boston Scientific Request

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitIn the Boston Scientific transvaginal mesh multidistrict litigation (MDL) taking place in a federal court in West Virginia, the transvaginal mesh manufacturer submitted a request to try cases individually versus as a group. Boston Scientific requested a Motion to Sever and Conduct Individual Trials.

In this particular case, Motion to Sever means that Boston Scientific sought to separate the grouped cases so that each could be tried individually.

Boston Scientific submitted their request on August 11, 2014, and the presiding judge, Judge Joseph R. Goodwin, ruled against granting their motion a week later on August 18.

Elaborating on his ruling, Judge Goodwin stated that he was left unconvinced by Boston Scientific’s reasons for pursuing separate trials. Specifically, the judge did not feel that trying a group of cases in one trial would, as identified by Boston Scientific in their request, present the transvaginal mesh manufacturer with impossible legal obstacles and prejudice.

With such a ruling, the four cases in question will remain grouped. The transvaginal mesh lawsuits are:

  • Eghnayem v. Boston Scientific Corporation, 2:13-cv-07965 (lead case)
  • Dortes v. Boston Scientific Corporation, 2:13-cv-10077 (member case)
  • Nunez, et al. v. Boston Scientific Corporation, 2:13-cv-24346 (member case)
  • Betancourt v. Boston Scientific Corporation, 2:14-cv-08802 (member case)

The decision to keep the cases grouped is in keeping with an MDL being the choice method of efficiently hearing a large number of similar cases.

The Defective Medical Device Lawyers at Carey Danis & Lowe

A St. Louis law firm practicing defective medical device litigation, Carey Danis & Lowe represents women across the country in transvaginal mesh lawsuits. Our team of experienced trial lawyers and medical professionals understand the emotional and physical suffering that comes with the use of a defective medical product, such as transvaginal mesh.

We work hard to hold accountable those companies behind defective products.

If you or someone you love has been injured by Boston Scientific transvaginal mesh, or mesh manufactured by another maker, Carey Danis & Lowe would like to walk you through your legal options and compensation eligibility during a free case evaluation.

Share your transvaginal mesh story with one of our defective medical device lawyers today. Contact Carey Danis & Lowe by phone at 800.721.2519, or complete a confidential personal injury claim form.

Update on Defective Transvaginal Mesh MDLs in U.S. District Court in West Virginia

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Update on Defective Transvaginal Mesh MDLs in U.S. District Court in West VirginiaLawsuits involving transvaginal mesh and other surgical implants used to treat stress urinary incontinence (SUI) or pelvic organ prolapse (POP) have been consolidated into five individual Multi-District Litigation (MDL) cases in the U.S. District Court for the Southern District of West Virginia, overseen by Chief Judge  Joseph R. Goodwin.

The MDLs involve lawsuits that have been filed against C.R. Bard, Inc., American Medical Systems, Inc., Boston Scientific Corporation, Ethicon Inc., and Coloplast Corp.

Parties were convened for a Status Conference Hearing on December 6, 2012, with the next Status Conference for these five MDLs is scheduled for January 10, 2013.

During the Status Conference on December 6, there was discussion about the content of the first of the bellwether trials.

The legal representatives for the defendants made a statement that the first case to go on trial should be one pertaining to stress urinary incontinence (SUI), as lawsuits regarding SUI and surgical implants of transvaginal mesh make up a large majority of cases in the MDLs.

Providing further insight on this topic of SUI cases and POP cases, Chief Judge Goodwin recognized the difficulty of bellwether trials that involve several manufacturers and several products in a single case. Chief Judge Goodwin made a statement indicating his dislike for these cases, and how in choosing cases for the bellwether trials, he will refrain from selecting those that are multi-manufacturer and multi-product.

The defendants and the plaintiffs legal counsel will begin developing discovery pools and trial pools, and during this process, they will be carefully examining each case to determine if it is representative of a majority of the cases consolidated into each of the five MDLs. It was brought up by the plaintiffs’ legal counsel that finding cases that are single product cases pertaining to only SUI or only POP will be difficult, as most cases filed with the court are a combination.

Before the court adjourned, Chief Judge Goodwin acknowledged the great number of lawsuits going to trial in 2013 regarding defective transvaginal mesh products. Chief Judge Goodwin recognized the importance of following these trials.

The first bellwether trial is set for December 3, 2013, and Chief Judge Goodwin has ordered that two trials be prepared for December 3, so that the bellwether process is efficient.

Patients who have received a surgical implant of defective transvaginal mesh, vaginal slings, and vaginal tape to treat SUI or POP have experienced an enormous amount of pain and suffering, including:

  • infection
  • severe pain in the pelvic region
  • bleeding
  • pain during intercourse
  • vaginal erosion
  • organ perforation
  • revision surgery

If you or a loved one has received a surgical implant of defective transvaginal mesh, a defective vaginal sling, or defective vaginal tape, you and your loved one may be entitled to receive recompense for your medical expenses, emotional suffering, and other hardships.

For a free legal consultation about your vaginal mesh case, contact a lawyer at Carey Danis & Lowe to learn more about how to file a vaginal mesh lawsuit. Get legal help today by calling a lawyer at Carey Danis & Lowe at 800.721.2519.

Boston Scientific Ordered to Release Defective Transvaginal Mesh Documents

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsPlaintiffs in a lawsuit filed against Boston Scientific Corporation have ordered the release of documents relating to Boston Scientific’s ProteGen product, a vaginal mesh sling device made out of woven polyester and pressure injected bovine collagen.

The plaintiffs in the defective vaginal mesh lawsuit claim that the release of these documents will demonstrate that, according to pre-trial order #23, Boston Scientific was knowledgeable of the fact that “biocompatibility issues existed with respect to surgical meshes implanted in the female pelvis”.

These defective surgical mesh claims filed against Boston Scientific have been consolidated into Re: Boston Scientific Corp. Pelvic Repair Systems Products Liability Litigation, MDL No. 2326, U.S. District Court for the Southern District of West Virginia, Charleston Division.

The U.S. Food and Drug Administration (FDA) approved Boston Scientific’s ProteGen vaginal mesh device to treat patients suffering from stress urinary incontinence (SUI) in 1996. Boston Scientific removed ProteGen from the market in 1999 following increasing reports from patients claiming severe side effects related to the defective vaginal sling.

Since the introduction of transvaginal mesh products in the mid-1990s, there have been an ever-increasing amount of patient complication reports filed with the FDA. Currently, the FDA has received complaints surpassing 4,000 in number regarding serious transvaginal mesh side effects. There are currently 6 MDLs hearing cases against 6 different transvaginal mesh manufacturers, one of them being Boston Scientific.

Though there are several manufacturers of defective transvaginal mesh, many of the side effects related to transvaginal mesh side effects are similar, and include the following:

  • vaginal erosion
  • severe pain
  • infection
  • painful intercourse
  • bleeding
  • organ perforation

If you or someone you love has received a vaginal mesh implant, and as a result, has suffered enormously from the side effects detailed above, you may be entitled to receive compensation. Our defective medical device lawyers at Carey Danis & Lowe understand the importance of holding medical device manufacturers, such as Boston Scientific, accountable for releasing defective products onto the market.

For more information about filing a transvaginal mesh lawsuit against Boston Scientific, Johnson & Johnson and their Gynecare line of transvaginal mesh devices, Mentor and their transvaginal tape known as ObTape, or any other manufacturer of defective vaginal mesh or defective vaginal tape, contact one of our experienced lawyers at Carey Danis & Lowe today at 800.721.2519.