JPML To Hear Arguments Over Covidien Mesh Consolidation

Introduction

On June 26, the JMPL issued a Notice Of Hearing Session, indicating that a panel of federal judges will be hearing oral arguments this month over the consolidation of Covidien hernia mesh lawsuits, which is favored by the manufacturers but opposed by some plaintiffs.

Last month, the manufacturer of Covidien hernia mesh products filed a Motion For Transfer with the U.S. Judicial Panel on Multidistrict Litigation (JPML), asking to establish fifth multidistrict litigation (MDL), following a rise in the number of lawsuits over the products. The motion indicated that at least 12 cases are pending in nine different federal district courts.

According to the notice issued, a videoconference has been scheduled for July 30 to hear oral arguments for and against the consolidation of the lawsuits.

Covidien Parietex is manufactured and sold by a subsidiary of Medtronic, Inc. Plaintiffs using the device have alleged that design defects associated with Covidien Parietex and other products resulted in painful and debilitating complications, leading to revision surgery for removal of the product.

The consolidation is supported by some plaintiffs, whereas some are against the move, stating it is premature to predict the rise in the number of claims or indicating establishing an MDL would unnecessarily delay proceedings that have already proceeded significantly through discovery.

The mesh products named in the lawsuits contain polypropylene material, which can easily break, shrink or wear off. This often leads to device migration, organ perforation, infection, and several other complications. Lawsuits allege the defective design of the hernia mesh often required the patients to undergo additional correction surgeries.

The MDL, if formed, would join similarly centralized proceedings over Atrium C-Qur, Ethicon Physiomesh, Bard Polypropylene Mesh, and Kugel Patches.

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