Why has the Transvaginal Mesh & Bladder Sling Lawsuit dragged on for so many years.

Thousands seek Answers for cases filed years ago.
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The First Transvaginal Mesh case dates back to around 2009, filed by Carolyn Lewis against Johnson & Johnson over their Gynecare Prolift brand of Mesh. Lewis’s lawsuit, like so many others, claimed the manufacture failed to warn her doctor of the potential dangers of the implant. This trial dragged on for more than 4 years and it wasn’t until 2013 before a jury finally returned a guilty verdict and ordered the defendant Johnson & Johnson to pay $3.5 Million in damages. This was the first in a long line of verdicts to come in the transvaginal mesh lawsuit . This case is a very good example of the complexities of the legal system and the daunting amount of time litigation on this scale can take.



The Lewis case is just one in over 100,000 mesh & bladder sling lawsuits and this number keeps growing every day. This lawsuit is now considered one of the single largest litigation against any specific type of medical product or device in U.S. history.  In order for the legal system to be able to handle litigation on this scale the Mesh lawsuit was formed into a Multi District Litigation (MDL) 28 U.S.C. § 1407. Simply put an MDL is a type of legal proceeding that was designed to help the federal courts efficiently manage a group of cases that share a common similarity. A panel consisting of seven appellate & district court judges from different districts decide by vote weather litigation will be formed into an MDL. The Transvaginal mesh lawsuit was grouped into an MDL by this action and is under the control of U.S. District Judge Joseph Goodwin, based in West Virginia.
 

What is an MDL & what effect does it have on my case?



An MDL can have both positive and negative effects for the Plaintiffs involved. The ability for all the different law firms to pull their resources together is seen as one the greatest advantages. In addition, grouping claims in large numbers can put an enormous amount of pressure to settle all claims, even cases the manufacture may have defeated through the trial process. A MDL will accelerate the legal process which is often a defendant’s best friend. With over an estimated 100,000 claims the legal process would drag on for hundreds of years and many of the plaintiffs would be dead before they had their day in court.


One other important fact to consider is that there are 8 different manufactures all facing legal action, some with multiple mesh products. Each product has a different design and requires separate witnesses and expert testimony. This requires each product to be grouped separately under the same MDL. In addition, there are also a host of different law firms, each with their own set of claims. This means if a settlement is offered, one law firm might accept the terms while another may reject and continue to fight for better terms. In the last year there has been a number of reported settlements & judgments reported in the news and online.
 

Other Cases have already Settled but Mine was not one of them.


News of this nature hast left many women with unsettled cases to wonder about the status of their claim. There is no shortage of news articles about the numerous judgments and settlements but these actions only cover a small percentage of the overall claims. It is no wonder there is so much confusion, frustration and anger. Trying to decipher what all this means for your case can be daunting. We feel that these recent developments are very positive, even if your case has not been apart of any of the annouced settlements. Many attorneys involved in this litigation think this is just the first step and the manufactures may finally coming to the table. Click here to read more about other Transvaginal Mesh settlements.


 


 
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