Many women contact our vaginal mesh helpline for a vaginal mesh class action lawyer.They are assuming that the vaginal mesh is a class action lawsuit. Many vaginal mesh victims are hearing about the vaginal mesh multidistrict litigations but, do not understand the difference between a class action and the vaginal mesh multi district litigation or MDL.
We have researched the information for our vaginal mesh readers.
In laymen’s terms and in it’s simplest explanation a multi-district litigation is for mass torts that have many victims in many states. It is purely jurisdictional and what is called a consolidation of lawsuits effecting many people with the same injury in the same way under one jurisdiction.
About the Vaginal Mesh MDL Cases
MDL cases are civil actions. In this case, they involve common injuries from a Prolene mesh product, the Prolene vaginal mesh. In an MDL this is also known as a question of fact. For example, in the mesh lawsuits a question of fact might be whether this medical device manufacturer was negligent in manufacturing the vaginal mesh. This question is common in the injury of many women nationwide. This question of fact resulted in harm to 1000’s. There are multiple manufacturers involved. Each manufacturer is then assigned to a MDL for the specific question of fact or facts resulting in the injury.
The Vaginal Mesh Judicial Panel on Multidistrict Litigation
To speed these trials up that involve thousands of mesh victims , the Judicial Panel on the vaginal mesh Multidistrict Litigation decides whether cases should be consolidated under MDL and where to transfer the cases. MDL cases are sent from one court to another for pre-trial proceedings, and then remanded to the originating court for trial. In the case of the mesh the main jurisdiction for most of the manufacturers is West Virginia although some are in New Jersey and one in Georgia.
The Judicial Panel was created by legislation in 1968 in response to the difficulty the courts experienced in coordinating nearly 2,000 related cases that were then pending in 36 districts around the country. So, as you can see it is a way to get this massive litigation under control in a sense.
The Panel consists of seven judges presided over by the chairman. The chairman has additional responsibilities since they are responsible for the oversight of:
– The panel’s office
– Its staff of 20 employees
– Its budget
Is the Vaginal Mesh Multidistrict Litigation a Class Action?
The vaginal mesh MDL is not a type of class action. A class action lawsuit is a large-scale civil proceeding usually brought about in product liability cases on the behalf of multiple clients who have a shared interest in the case. Class actions may be transferred to an MDL consolidation in the same manner as single-plaintiff cases. But, for cases to be treated as an MDL consolidation, the Judicial Panel must find one or more common questions of fact. Or common injury. Because commonality is also a requirement for a class action, class actions are frequently litigated in MDL proceedings. In the vaginal mesh cases mesh ersosion could be considered a common injury
Are There Benefits to the Vaginal Mesh Multidistrict Litigation For You?
In surgical implant proceedings like the vaginal mesh, the MDL is a way that the courts can collectively handle multiple lawsuits involving the same dangerous device. Consider suing a billion-dollar drug company with seemingly unlimited resources who will fight at every turn. This becomes very expensive. A single victim or their attorney would probably be unable to finance this litigation alone. The combination of claims in a single forum increases the plaintiffs’ leverage by permitting counsel to pool their resources to work for the plaintiffs’ common benefit.
MDL also promotes the efficiency and consistency of rulings. Instead of 100, even 1,000 cases that are filed in various courts throughout the United States, the litigation is consolidated. Important decisions are made by a single court, which saves significant time and money while ensuring consistent rulings.
The Current Vaginal Mesh MDL’s in West Virginia Include:
- American Medical Systems, Inc.
- Boston Scientific Corp.
- Ethicon, Inc.
- C.R. Bard, Inc.
- American Medical Systems,
- Boston Scientific Corp.,
The vaginal mesh products cited in these lawsuits are Gynemesh, TVT, the Prolift system, Prolift+M, Prolene Mesh, and the Prosima system.
The U.S. District Court for the Middle District of Georgia, MDL 2004, is the Mentor Corp., Obtape Transobturator Sling Products Liability lawsuit.
With this in mind you do not need a local lawyer for your vaginal mesh lawsuit. What is important is that you get TLC from the law firm and office staff and you trust and feel comfortabel with whomever you end up hiring. They should be keeping the mesh in house but, of course will be forwarding it to the MDL. In some cases the attorneys have filed local medical malpractice lawsuits and mesh lawsuits.
The actual filing of the MDL cases has become a fairly easy process for most law firms. You should pick a firm with knowledge of both the medical and legal aspects who is not just filling out a form. The staff should be empathetic and have resources for you to help locate a doctor for potential mesh removal.
Vaginal Mesh Multi District Lawsuit List Consolidated Under Judge Goodwin in West Virginia
Vaginal Mesh Lawsuit MDL – 2325, IN RE: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation
Vaginal Mesh Lawsuit MDL – 2326 IN RE: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation
Vaginal Mesh Lawsuit MDL – 2327 IN RE: Ethicon, Inc., Pelvic Repair System Products Liability Litigation
Vaginal Mesh Lawsuit MDL – 2387 IN RE: Coloplast Corp. Pelvic Support Systems Products Liability Litigation