Judge Issues Clarification On Procedures For Filing Vaginal Mesh Lawsuits


According to court documents, U.S. District Judge Joseph R. Goodwin has issued an order to clarify the procedures for plaintiffs filing vaginal mesh lawsuits against manufacturers. The clarification comes as over 20,000 transvaginal mesh lawsuits move forward in a federal case consolidation in West Virginia.

Judge Clarifies Filing Requirements

In an August 29, 2013 pretrial order, Judge Goodwin asserted that certain plaintiffs have forwarded or served “shotgun” complaints such as those that do not identify a specific product that was implanted that corresponds to a named manufacturer acting as a defendant in the pending trials. The judge also indicated that some plaintiffs forwarded or served complaints that failed to identify an individual manufacturer or instead named all defendants. Judge Goodwin acknowledged that this practice is troubling and if these complaints were to continue to be filed, they would almost certainly violate Rule 11 of the Federal Rules of Civil Procedure.

For those considering representation after suffering from injuries or the alleged side effects of transvaginal mesh, Rule 11 requires that the allegations brought forth in a complaint be not frivolous. In other words, complaints must be based on factual contentions and be supported by strong evidence in order to be deemed admissible.

Judge Goodwin is making an attempt to ensure that each plaintiff has done her homework before deciding to file a vaginal mesh lawsuit. Omitting the name of the manufacturer or the vaginal mesh implant that a claimant received and was allegedly harmed by raises a serious red flag for those handling the case. However, these omissions can be easily corrected in most cases. Plaintiffs must include the name of the defendants such as Ethicon, Inc., Boston Scientific Corp., American Medical Systems, Inc., or C.R. Bard, Inc. and state the device that they received that allegedly caused harm.

According to court documents, plaintiffs are filing vaginal mesh lawsuits against different manufacturers alleging that they suffered from serious and adverse side effects such as severe discomfort, pain and erosion of the mesh into their bodies.

Considering Vaginal Mesh Lawsuit? Contact Us Today

Women who suffer from chronic pain, scarring, infections, mesh erosion or other health complications following implantation of a transvaginal mesh device may be entitled to file a vaginal mesh lawsuit to seek compensation for medical bills, pain and suffering and lost wages. The attorneys at Berstein Liebhard LLP will provide no-obligation consultations free of charge to women injured by these products. If you have any questions or would like more information about the current transvaginal mesh lawsuits or if you need assistance filing your own case, call us at (888) 217-3033 or fill out the form on this page.

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