As far as the multidistrict litigations (MDL) in West Virginia are concerned, it would appear that the vaginal mesh lawsuits will go full blast by next year, barring any unforeseen events. For the next seven months of the year 2014, bellwether cases have been scheduled for trial against four large mesh manufacturers.
Scheduled Vaginal Mesh Trials in 2013
For the year 2013, bellwether cases that were scheduled for trials were those 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. The plaintiffs were awarded damages totaling $2 million, which consisted of $250,000 compensatory damages and $1.75 million punitive damages.
Before it can even start trial, the second scheduled case involving the claim of Wanda Queen was settled out of court. The third bellwether trial against C.R. Bard, with Linda Rizzo as complainant, would have started on October 8, 2013 but was cancelled after the plaintiff requested the court for the dismissal of her vaginal mesh lawsuit. The fourth bellwether trial involving the claim of Carolyn Jones was supposed to start hearing on December 3, 2013 but was postponed and rescheduled by the court.
Vaginal Mesh 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. These trials will have as defendants Ethicon Inc., American Medical Systems (AMS), Boston Scientific, and C.R. Bard. It will be very likely that bellwether trials for Cook Medical and Coloplast, the other two defendants in the West Virginia MDL, will be agreed before the year 2014 ends in the absence of any schedules made by the court.
First up for the year 2014 would be the claim of Carolyn Jones against C.R. Bard, which has been set for January 10, 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.
For the next four months, bellwether trials have been lined up involving three defendants. American Medical Systems (AMS) has been named defendant in bellwether trials scheduled for April 7, 2014 and May 5, 2014. The court has still to determine before the year ends the names of the plaintiffs for these trials.
To be heard right after the trials of AMS will be the vaginal mesh lawsuit of Huskey against Ethicon set 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 Settlement of Claims
Changes in these schedules may possibly occur especially if settlement talks are consummated between the five defendants and the thousands of plaintiffs. Another scenario would be the cancellation of a scheduled trial if settlement is arrived at before the trial starts. This was what actually happened in 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
