The federal judge overseeing thousands of transvaginal mesh lawsuit filings in West Virginia federal court has denied a bid by Boston Scientific Corp. to obtain a summary judgment in one of those claims. According to an Order issued in the U.S. District Court, Southern District of West Virginia on January 17th, Judge Joseph Goodwin found that there was a question as to whether the Plaintiff could have discovered the cause of her alleged complications and filed her vaginal mesh lawsuit within California’s 2-year statute of limitations.
The lawsuit in question was filed on behalf of a California woman who received the Pinnacle Pelvic Floor Repair Kit and an Advantage Transvaginal Mid-Urethal Sling System in January 2010. According to her complaint, the Plaintiff began to suffer vaginal mesh complications, including vaginal discharge, itching, and abdominal cramping just four months later. By September 2010, she had undergone several revision surgeries and had a large portion of the mesh excised, yet her symptoms did not improve. According to the Plaintiff, her doctor never suggested that her injuries were caused by defective mesh. Rather, she only learned this could be the case in August 2011, when she viewed a television advertisement for the transvaginal mesh litigation.
The Plaintiff filed her transvaginal mesh lawsuit in September 2012. Boston Scientific then moved for a summary judgment because the claim was filed after the statute of limitations had passed. The company’s filing asserted that had she consulted her doctor, her medical records, or the U.S. Food & Drug Administration’s 2008 public notice regarding vaginal mesh complications, she would have discovered the possible cause of her injuries.
But Judge Goodwin disagreed, writing that there is a genuine issue of material fact regarding when the Plaintiff suspected that wrongdoing caused her vaginal mesh complications.
This case is just one of more than 8,600 vaginal mesh lawsuits pending in the Southern District of West Virginia that name Boston Scientific as a defendant. The proceeding’s first bellwether trial is scheduled to start on March 10, 2014.
Several other multidistrict litigations are also underway in the same jurisdiction for claims filed against other pelvic mesh manufacturers, including American Medical Systems, Inc., Boston Scientific Corp., and Ethicon, Inc. In total, more than 40,000 vaginal mesh lawsuits are pending before Judge Goodwin.
There is still time for victims of vaginal mesh complications to file suit against the manufacturer of their device. To arrange for a free case review with a qualified vaginal mesh attorney at Bernstein Liebhard LLP, please call today.