Sixth MDL to Represent Women Injured by Transvaginal Mesh
It is one of the lesser known transvaginal meshes.
Coloplast will now become the sixth multidistrict litigation consolidated and the fifth to be heard in the Southern District of West Virginia. The Judicial Panel on Multidistrict Litigation (JPML) on August 6 ordered at least 24 Coloplast federal lawsuits (MDL No. 2387) be transferred to the one court noting that 13 cases have common questions of fact.
Coloplast mesh has been reported to cause injuries including mesh erosion, pain, and infection in women being treated for pelvic organ prolapse.
Centralization means that judicial orders are consistent and discovery can move ahead in a coordinated fashion. If a settlement is not offered, individual trials can still be held. Unlike a class action, the amount awarded to any one plaintiff will vary depending on her injuries.
There are four other MDLs consolidated before the Honorable Judge Joseph R. Goodwin naming manufacturers – C.R. Bard; Ethicon; Boston Scientific, American Medical Systems, Inc. A fifth MDL focusing on injuries from the Mentor OB Tape is before Judge Clay D. Land in the Middle District of Georgia, however most of those cases have been resolved.
Plaintiffs can still file individual actions in state courts. The first trials on a state and federal level will begin to be heard early in 2013.
Bard announced it plans an appeal. In the first landmark mesh trial on July 20th, jurors in a Bakersfield, California state court determined that the Avaulta Plus Biosynthetic Support System vaginal implant caused Christine Scott’s chronic pain, mesh erosion, and incontinence and that she and her husband deserve a $5.5 million damage award.
Based in Denmark, Coloplast makes medical products for continence and wound and skin care. It also manufactures four different types of mesh to treat pelvic organ prolapse, two of which are made of biological human material and two from polypropylene, the standard petroleum-based material used in most synthetic transvaginal meshes on the market today.