The new list that contains those vaginal mesh lawsuits against Boston Scientific which should be a part of the first bellwether trials has been provided. The first of the trials are set to start early next year, but the original list was found unsuitable by Judge Joseph R. Goodwin, who is presiding.
The lawsuits have been filed by women who have suffered from complications after having the vaginal mesh device implants. Thousands of lawsuits have been filed over vaginal mesh complications and the cases have been centralized in the U.S. District Court for the Southern District of West Virginia.
In the pretrial order that was issued on August 7, Judge Goodwin explained that “he was disappointed with the initial selection of potential Boston Scientific bellwether trials.” Judge Goodwin also complained that “the cases originally selected were not representative based on age and other factors, such as other health conditions that made the cases ‘outliers.’”
Goodwin also developed some parameters to help avoid problems in selecting the test case. Both sides will choose no more than eight cases that were filed over Boston Scientific’s Obtryx, Advantage/Fit, Pinnacle and Uphold products. The plaintiffs will also have to have been between 40 and 60 years old when they had the implants and should have suffered from 1-3 revisions surgeries. In addition, the judge wants the test cases chosen to not have any statute of limitation concerns. These submissions should be given at the same time on Monday, August 12, 2013 at noon. After that, the judge will pick 6 cases that will be “eligible for the three rounds of Boston Scientific vaginal mesh trials, which are scheduled to begin on February 11, June 17 and September 9, 2014.”