Judge Joseph Goodwin set the following key dates for the run up to trial in the vaginal mesh cases vs Boston Scientific currently set for October 14, 2014. Pretrial Order 87 provides as follows:
Plaintiffs shall serve expert reports by 5/11/2014 and provide proposed deposition dates to occur by 7/1/2014;
Defendants shall serve expert reports by 6/1/2014 and provide proposed deposition dates to occur by 8/1/2014;
Plaintiffs shall serve rebuttal expert reports by 7/1/2014;
Written discovery due 6/13/2014;
Expert discovery due 8/1/2014;
Case-specific discovery due 7/28/2014;
Setting forth motions practice; deposition designations due 9/23/2014, objections due 10/3/2014, counter-designations due 10/10/2014;
Exhibit and witness lists due 10/3/2014;
Proposed integrated pretrial order due three days prior to pretrial conference;
Pretrial and settlement conference set 9:00 a.m.
10/2/2014; proposed jury instructions w/proposed verdict form due 10/10/2014;
Trial set 8:30 a.m. 10/14/2014.
Vaginal Mesh Trial History
Bard has lost two jury trials, settled a third case after a jury selected, and settled a fourth before trial commenced. In July 2012, a California jury awarded Christine Scott and her husband $5.5 million after she underwent nine revision surgeries. Scott sued C.R. Bard in 2009 over its Avaulta Plus mesh product.
In February 2013, Linda Gross won $11.11 million in her lawsuit against Johnson & Johnson’s Ethicon brand over its Prolift vaginal mesh product. Gross had 18 surgeries. The New Jersey jury found that J&J failed to warn patients and doctors about the risks of its mesh products and made fraudulent misrepresentations.
On August 15, 2013, after about 12 hours of deliberation, the jury found for Donna Cisson in her vaginal mesh trial against manufacturer C.R. Bard Inc, and found damages in the amount of $250,000 and $1.75 million in punitive damages. The jury found that Bard failed to provide adequate warnings as to the defects in its vaginal mesh product and that the device was defective. Judge Joseph Goodwin upheld the 2 million verdict in October 2013 as appropriate and that Cisson’s attorneys proved the company’s vaginal mesh was the cause of her injuries. In Queen vs. Bard, starting trial immediately after Cisson, a settlement was reached after the jury was selected. Finally, Bard settled Melanie Virgil’s claims that Bard’s Avaulta Plus insert caused urinary problems before trial commenced in New Jersey.
On February 18, 2014, Judge Joseph Goodwin granted Ethicon’s Motion for Directed Verdict at the close of Plaintiff’s case in Lewis vs. Ethicon, Inc. (In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL Docket No. 2327, Carolyn Lewis, et al. v. Johnson & Johnson, et al., No. 2:12-4301, S.D. W.Va.).
Our office represents women who have suffered horribly from these mesh products. We remain committed to representing them to a successful conclusion of their cases.