The Vaginal Mesh Lawsuit Center provides comprehensive information about these dangerous mesh products and the harms they can cause.

Vaginal Mesh Multidistrict Litigation Updates

attorneys-4As more lawsuits are being filed, the ones that have been pending in state and federal courts continue to progress towards trials. There are currently six separate federal court case consolidations, called “multidistrict litigations,” all before Judge Joseph R. Goodwin in the U.S. District Court for the Southern District of West Virginia. There are nearly 50,000 lawsuits combined in these MDLs.

Plaintiffs in two of those lawsuits were awarded more than $2,000,000 during trial. In addition, others have ended up in settlements for undisclosed sums. In five of the MDLs, there is talk of mass settlements.

What is Multidistrict Litigation?

Multidistrict litigation is a judicial procedure within the U.S. federal court system that transfers similar cases filed in different parts of the country to a single federal judge in order to consolidate time-consuming pre-trial proceedings. The decision to create an MDL is made by a panel of seven Supreme Court-appointed federal judges which meets periodically to discuss which cases should be consolidated. The consolidated cases are then referred to a single chosen federal judge, known as the “transferee” judge.

The Judicial Panel on Multidistrict Litigation has been in existence since 1968. It has since coordinated thousands of cases in the 36 different judicial districts throughout the United States. MDL is considered the best way to handle a large number of cases that have similar complaints. It can be used to consolidate both class actions as well as individual lawsuits.

The Rottenstein Law Group will provide periodic updates on the ongoing vaginal mesh MDLs as information becomes available. Currently, there are six federal MDLs, as well as individual cases pending in state courts nationwide. State court cases might be consolidated in similar fashion to an MDL, though—in a procedure called by some states “multicounty litigation (MCL),” but not every state has such a procedure.

How Long Will the MDL Last?

There is no definitive answer to this. It depends on a number of factors, including a potential mass settlement. Bloomberg reported recently that five of the six mesh manufacturers (excluding Ethicon) were considering settling the more than 30,000 mesh lawsuits in federal and state courts.

The Rottenstein Law Group Advocates for Women Injured by Vaginal Mesh Devices

If you or someone you know has had surgery for pelvic organ prolapse, stress urinary incontinence, or another type of pelvic surgery that involved the implantation of surgical mesh and is experiencing symptoms consistent with malfunction, seek medical attention immediately. The next step is to contact an experienced attorney to see whether you or the person you know has grounds to file a lawsuit against the manufacturer.

The attorneys at the Rottenstein Law Group have over 25 years of collective experience advocating for victims of dangerous drugs and defective medical devices, as well as other product liability claims. RLG is offering free, confidential legal consultations, and all you need to do is fill out this contact form or call this number, 1-888-419-9511, and one of our attorneys will call you as soon as possible.

For more information on how to get compensation for mesh related injury, download this free report 4 Easy Steps to Prepare for a Vaginal Mesh Lawsuit Claim.

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Previous Questions:

  1. Guest
    on October 30, 2012

    How long after filing a lawsuit will I have to wait to receive compensation? What percentage of my compensation will I have to pay my attorney?

    1. Rochelle Rottenstein, Esq.
      on November 1, 2012

      There’s no simple answer to the first question, unless that answers is: “It depends.” It can be years, but it can be months or even just weeks. If your case has to go to trial in order to be resolved, then it can be years from when you first sue before you are awarded money. On the other hand, if the defendant realizes that it has no defense to your claims… or if it just wants to be done with the suit, it might offer an out-of-court settlement. A settlement
      offer can come at any time, including even after trial has begun.

      We can’t speak for other lawyers and firms, but RLG takes cases on a contingency fee basis. A “contingency fee” is a straightforward arrangement commonly used in personal injury claims. (It’s also known as a “no fee unless you win” arrangement.)

      Here’s how it works:
      If you win money (either through settlement or an award after trial), you keep 2/3 of it. Of the amount to be paid to you by the defendant, one third pays RLG for its contingency fee (after expenses are deducted from the gross amount of recovery). The rest goes to you. (If you don’t win your case—meaning that you don’t recover any money from the defendant—then you do not pay for the time RLG’s lawyers spent working on your case. You pay nothing at all.)

  2. Guest
    on October 24, 2012

    What is the difference between filing an individual lawsuit in a state court and joining an MDL in a federal court? Will filing a federal lawsuit ensure that I get more in the way of compensation?

    1. Rochelle Rottenstein, Esq.
      on October 26, 2012

      As an individual claimant, you and your lawyer will file an individual lawsuit against the company or companies that made the product that caused you harm. You and your lawyer will not choose to have your case joined in any multidistrict litigation (MDL) if an MDL matter exists—that will happen automatically. MDL is a procedure in the federal court system that consolidates “”civil actions involving one or more common questions of fact… pending in different districts” for pre-trial procedures. When the pre-trial procedures are complete, your individual action will return to the court you originally filed it in for trial.

      Filing a federal lawsuit (rather than a state court lawsuit) will not affect how much money you can receive in compensation. Your lawyer will determine where you may bring your lawsuit, and then—if you have the choice between federal and state courts—decide where it is more appropriate for you to sue. Bear in mind, though, that in some circumstances, a federal court might not have jurisdiction over your matter, or over the defendant, in which case you will have to sue in state court.

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