A pelvic mesh case scheduled for a bellwether trial this month has been settled, Law 360 reports. Mentor Corp., a Johnson & Johnson unit, has settled allegations that its OpTape sling is to blame for serious injuries. The details of the settlement were not disclosed. Earlier this year, U.S. District Judge Clay D. Land designated six ObTape sling lawsuit as bellwethers, this being one of them. The trial was slated to begin on Nov. 30.
The lawsuit was filed on behalf of a couple who alleged that the pelvic mesh, implanted in 2004, caused complications such as infection, abscess and scarring. The plaintiffs alleged that these injuries prompted the need for multiple surgeries. Hundreds of similar lawsuits have been consolidated in multidistrict litigation. A day prior to consolidation, Mentor settled 111 cases. In 2013, the company settled another proposed bellwether case shortly before trial.
Mentor is accused of negligence, fraudulent concealment, breaches of express and implied warranties and failure to warn, Law 360 reports.
Transvaginal mesh implants are approved to treat pelvic organ prolapse and stress urinary incontinence. The devices are intended to treat these conditions by providing additional support the pelvic organs and muscles. However, safety concerns have arisen in light of injury reports. A number of manufacturers have faced lawsuits alleging that their pelvic mesh has resulted in complications such as erosion, in which the mesh becomes embedded in the body’s tissues. Lawsuits allege that device makers never properly tested the mesh.
from Parker Waichman http://www.yourlawyer.com/blog/settlement-reached-in-proposed-bellwether-case-over-pelvic-mesh/
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