A jury trial in a lawsuit involving transvaginal surgical mesh pelvic repair products is underway in U.S. District Court in Charleston, W. Va., site of the multi-district litigation (MDL) federal court.
The case is brought by Donna Cisson of Georgia, who is suing C.R. Bard. Inc., for a pelvic mesh implant she received that was made by the company. Ms. Cisson’s case is the first of thousands of surgical mesh lawsuits filed nationwide to go to trial in the federal W. Va. MDL.
The lawsuits accuse the implants’ manufacturers of inadequate testing, failure to disclose potential risks, fraudulently promotion of the mesh as a safe medical device, and defective product design.
A first trial of Cisson’s lawsuit ended in a mistrial earlier in July.
The Cisson lawsuit is one of four bellwether cases that U.S. District Judge Joseph Goodwin will hear to determine the next step in litigation for the remaining lawsuits.
The law firms of Matthews & Associates and Freese and Goss are scheduled to jointly try one of the bellwether cases in the same court at the first of next year.
The firms will try a similar bellwether case against Johnson & Johnson’s Ethicon division in the federal multi-district litigation court (MDL) in West Virginia beginning Jan. 14, 2014.