A federal bellwether vaginal mesh trial has reached a settlement five days into the proceedings. This could be a significant development for the tens of thousands of other vaginal mesh lawsuits that have been filed against several different manufacturers. This particular claim was filed against Ethicon, one of the biggest manufacturers of these products that have led to countless problems and an enormous number of lawsuits filed in both state and federal court. This bellwether trial could set the tone for the thousands of other claims that have been consolidated into a series of other actions, as that’s one of the reasons that these bellwether trials are held.
What Is a Bellwether Trial?
A bellwether trial is generally an individual claim or a small number of individual claims that are brought to trial as part of what is known as an MDL, or multidistrict litigation. When a large number of similar claims are filed against a defendant or group of defendants, these bellwether claims are put through the process in order to help attorneys from both side of these issues forecast what could happen when the remaining claims proceed to trial. In this case, the fact that a bellwether vaginal mesh lawsuit filed against Ethicon led to a settlement could indicate a willingness to negotiate settlements with other plaintiffs. While such a step is not required of Ethicon, vaginal mesh injury attorneys are likely encouraged by this result.
What Is the Vaginal Mesh MDL?
Currently, there are thousands of individual claims that have been filed against Ethicon, a division of Johnson & Johnson, and other manufacturers that are being heard in West Virginia. These claims and those against others are proceeding as several different MDLs. Examples of the manufacturers currently facing legal scrutiny for their vaginal mesh products include:
- Cook Medical
- American Medical Systems (AMS)
- Boston Scientific
- C.R. Bard
The general basis of these vaginal mesh lawsuits is that these products did not perform as they should have and therefore led to serious injuries for women who used them. Examples of common injuries allegedly suffered as a result of using these products include:
- Extreme and chronic vaginal pain
- Extreme pain during intercourse
- Erosion of the mesh through the vaginal tissue
Many of the women who have used these products have had to undergo surgical procedures to have them removed. In some cases, even that drastic step has not alleviated the pain and suffering endured.
What Does the Ethicon Settlement Mean?
The settlement reached in this Ethicon bellwether lawsuit is just the latest of many results in these matters that have favored the plaintiffs who filed them. It could mean that these defendants understand that it may be to their advantage to put these claims in the past. If you or someone you love has been harmed as a result of using any of these products, contact the vaginal mesh lawyers at Parilman & Associates today to schedule a free initial consultation. You can either email the firm or call 800-800-DRUG.