Four Vaginal Mesh Lawsuits Selected for Trial Against AMS

July 18, 2013 — According to Pretrial Order #71 (PDF), four vaginal mesh lawsuits have been selected for bellwether trials against American Medical Systems (AMS). The lawsuits are currently centralized in a litigation that involves more than 8,500 lawsuits. All of the lawsuits allege that AMS vaginal mesh products (Elevate, Perigee, and Apogee) were defective and AMS failed to warn about potential side effects.

In a bellwether trial procedure, a selection of “typical” cases are brought before a jury. Litigators use the resulting verdicts as a basis for resolving the remaining cases. The valuation placed on certain injuries is used to encourage settlements, which provides collective justice and avoids costly and time-consuming trials for every individual case.

Lawsuits against American Medical Systems (AMS) are currently centralized in a Multi-District Litigation (MDL) in the U.S. District Court for the Southern District of West Virginia before Judge Joseph R. Goodwin.

The following cases are selected as bellwether trials:

  • Lisa Fontes, et al. v. American Medical Systems, Inc.
  • Joann Serrano v. American Medical Systems, Inc., et al.
  • Debbie K. Jilovec v. American Medical Systems, Inc.
  • Mary Weiler, et al. v. American Medical Systems, Inc.

At a later date, Judge Goodwin will select two cases, one of which will begin on December 3, 2013. Of the remaining two cases, one will be selected to begin on May 6, 2014. In the third round of trials, which begins on July 29, 2014, a case involving pelvic organ prolapse (POP) will be tried.

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