The U.S. Judicial Panel on Multidistrict Litigation has assigned all products liability lawsuits involving transvaginal mesh filed against American Medical Systems, Inc., Boston Scientific Corp., and Johnson & Johnson subsidiary Ethicon, Inc., to the federal court in Charleston, West Virginia, under Judge Godwin, who is already assigned to a pending MDL involving C.R. Bard’s Avaulta vaginal mesh.
All of the lawsuits consolidated to the MDL make similar questions of fact, and claims that the manufacturers were reckless and negligent in marketing the vaginal mesh products for the treatment of pelvic organ prolapse (POP) and stress urinary incontinence (SUI). They also claim that the manufacturers put money ahead of the safety of the patients.
Many of lawsuits allege that the pelvic mesh caused the women to suffer infection and inflammation, as well as chronic pain. The mesh can shrink and can extrude through the vaginal wall, and is nearly impossible to remove.
The manufacturers presenting physicians with studies showing the benefits of the vaginal mesh as a treatment for POP and SUI, however, the studies did not look at the how the women were in the months and years following the surgery. The FDA is currently examining information regarding the mesh as a treatment for the two conditions and will decide whether the mesh should be recalled or if its use should be limited.