First Ethicon Bellwether Trial Underway in New Jersey

Opening statements have concluded in the first Ethicon/J&J/Gynecare transvaginal mesh trial currently proceeding in New Jersey state court. The case is Gross v. Gynecare Inc. Atl-L-6966-10, Superior Court of Atlantic County, New Jersey (Atlantic City) and involves the Prolift Pelvic Floor Repair System, which has been withdrawn from the market by the manufacturer.

Plaintiff's counsel told the jury that a "poorly tested" medical device was implanted in his client in 2006 and that the product was "dangerous" and "unsafe," and that the warnings for the product were "completely inadequate." Defense counsel told the jury that the Plaintiff wanted and needed treatment for her underlying medical condition, that she and her doctor chose the Prolift product because it was the best and most effective treatment, and that all of the complications suffered by the Plaintiff were known and warned about in the product literature.

The first witness will take the stand tomorrow morning at 9:30 a.m. est.

Initial Conference in Transvaginal Mesh MDL

Transvaginal mesh attorneys from across the country are converging in Charleston, West Virginia this week for the first pretrial conference of the newly created multi-district litigation actions against transvaginal mesh manufacturing giants, Johnson & Johnson, Boston Scientific, and American Medical Systems. The joint conference will take place in front of Judge Joseph R. Goodwin in the Southern District of West Virginia - who was recently appointed by the Judicial Panel on Multi-District Litigation to oversee each of the individual dockets against these defendants and their related entities. Judge Goodwin has been overseeing the Bard transvaginal mesh MDL since 2010. Counsel organizational structure (including the appointment of Plaintiffs' Steering Committee), scheduling, and an overview of the litigation are expected to be on the conference agenda along with many other general housekeeping items. Attorney Erin Copeland from Houston, Texas will be one of the transvaginal mesh attorneys in attendance.

In July 2011, the FDA issued a News Release warning of the dangers associated with synthetic transvaginal mesh - including the types of mesh manufactured by Johnson & Johnson, Boston Scientific, American Medical Systems, Bard, and many others. The safety communication warned that transvaginal placement of mesh may expose women to more danger than other surgical options.  It also says that with the exposure to greater risk comes no evidence of greater clinical benefit such as improved quality of life.

The injuries associated with synthetic transvaginal mesh include, but are not limited to, mesh erosion, severe pain, infection, bleeding, pain with intercourse, and urinary problems. If you or a loved one have undergone a transvaginal mesh implant and are suffering from health problems associated with the implant, you should contact a transvaginal mesh attorney immediately to discuss your claim before the right to bring your claim is lost.