By Maria Markou, Esq.
On April 11, 2014, Judge Joseph R. Goodwin, who presides over six vaginal mesh multidistrict litigations in West Virginia, ordered the consolidation of five Boston Scientific vaginal mesh lawsuits for trial next September. Originally, these actions were filed in the federal court of Florida. According to the current order, these cases will be transferred back to the U.S. District Court for the Southern District of Florida. The controversial trial will begin on September 29, 2014 and Judge Goodwin will supervise the consolidated cases via intercircuit assignment.
Overall, there are over 11,000 cases filed against Boston Scientific Corporation. In particular, this multidistrict litigation came to light from the use of transvaginal surgical mesh to treat pelvic organ prolapse ("POP") and stress urinary incontinence ("SUI"). The injured plaintiffs assert that the Pinnacle Pelvic Floor Repair Kit ("Pinnacle"), a mesh product of Boston Scientific Corporation and used to treat POP, caused them compensatory and punitive damages because of negligence, manufacturing defects, and failure by the company to warn physicians and consumers about the dangers of its device.
Judge Goodman explained in his Order that the predomination of common issues of law and fact favor the consolidation of the cases into one trial in Florida. Some factors include that the cases involve the same product, the parties are all Florida residents, suffered similar injuries, and underwent their surgeries in that state.