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Discovery Pool Archives - Carey Danis & Lowe

Ethicon Vaginal Mesh MDL Update: Defense Fact Sheets Due in Early April for Ethicon Discovery Pool Cases

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Ethicon Vaginal Mesh MDL Update: Defense Fact Sheets Due in Early April for Ethicon Discovery Pool CasesTransvaginal mesh lawsuits have been consolidated into five multi-district litigation (MDL) cases in the U.S. District Court for the Southern District of West Virginia. U.S. District Judge Joseph R. Goodwin is overseeing the proceedings for the Ethicon MDL and four other transvaginal mesh MDLs.

Cases have been brought forth against Johnson & Johnson’s Ethicon unit, in particular for the defective Ethicon Gynecare Prolift vaginal mesh product. In addition to the Ethicon MDL, vaginal mesh lawsuits have been consolidated into MDLs involving C.R. Bard, American Medical Systems, Boston Scientific Corp., and Coloplast Corp.

The Ethicon MDL is known as In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2327. The Ethicon MDL was scheduled to meet for a status conference on February 7, but the meeting was cancelled. The next Ethicon MDL status conference is scheduled for March 21.

Since their last meeting, Judge Goodwin has issued pretrial order #41 which provides details on the defendant’s fact sheet (DFS). According to another pretrial order delivered by Judge Goodwin in the Ethicon MDL, the defendants must submit to the plaintiffs a DFS for each Ethicon case selected for the first thirty Discovery Pool. Ethicon’s defense counsel must complete this process of filing the DFS documents by April 8.

The DFS requests for each plaintiffs’ case information on Ethicon’s contact with any treating and evaluating physicians. The DFS also asks for details about Ethicon sales representatives’ interactions with physicians, specifically if they received any benefits from a relationship with an Ethicon representative. Furthermore, the DFS orders that the defense list the number of Ethicon transvaginal mesh products purchased by a physician’s office.

The information provided in the DFS is integral to the Discovery process in the Ethicon MDL, and will assist in building strong cases against Ethicon in bellwether trials.

Women have used the Ethicon Gynecare Prolift to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Following surgery, women have filed complaints with the U.S. Food & Drug Administration (FDA) alleging that Ethicon’s Gynecare Prolift has caused infection, severe pelvic area pain, organ perforation, and vaginal erosion.

Quite often, women who underwent surgery to receive the Gynecare Prolift had to endure future revision surgeries to remove the vaginal mesh product.

Lawyers at Carey Danis & Lowe are currently evaluating vaginal mesh lawsuits, including those involving Johnson & Johnson and Ethicon’s Gynecare Prolift vaginal mesh device.

If you or someone you love has been injured by a vaginal mesh product, contact a lawyer at Carey Danis & Lowe for a free legal evaluation by calling 800.721.2519 or by submitting a legal claim form.