Ethicon Gynecare Pelvic Mesh Lawsuit Centralization Sought in New Jersey

A request has been filed to centralize more than 60 Ethicon Gynecare pelvic mesh lawsuits that are currently pending in New Jersey state court, indicating that many more cases are likely to be filed over the allegedly defective vaginal mesh.

All of the cases involve allegations that problems with Gynecare Prolift, Gynecare Transvaginal Tape or Gynecare Gynemesh, which are pelvic mesh products manufactured by Ethicon for treatment of pelvic organ prolapse and stress urinary incontinence, caused women to experience vaginal erosion, infections, pain, urinary problems and other complications.

Ethicon is a wholly owned subsidiary of Johnson & Johnson, which is based in Middlesex County, New Jersey. All but one of the New Jersey cases are currently pending in that county, and attorneys for several plaintiffs are requesting that all of the lawsuits be assigned for centralized management in Middlesex County.

“Each case alleges violations of the Product Liability Act, and the determination of liability in each case will rely upon the same core of voluminous documents and medical literature,” lawyers argued in their request for centralization. “Common experts will in all likelihood be utilized in the cases, at least with regard to the liability issues. Therefore, the discovery and determination of the liability issues should be coordinated under the Centralized Case Management umbrella to promote efficiency, and prevent inconsistent legal rulings on the many common issues that will arise in the course of the litigation.”

In 2008, the FDA issued a public health notification warning of serious problems with vaginal mesh products used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). According to reports received by the FDA from nine different manufacturers, over 1,000 people had suffered severe complications from the surgical mesh, often requiring additional surery to remove the mesh or treat complications.

A pelvic organ prolapse occurs when organs such as the bladder, uterus, bowel or rectum drop and push against the wall of the vagina. This happens when the muscles holding the pelvic organ in place become weak or stretched, often due to childbirth or surgery. The surgical mesh is used to support the muscle.

Female stress urinary incontinence is a condition where urine is involuntarily released during moments of physical stress due to weakened of the muscles that support the bladder and urethra. In repair procedures, the surgical mesh is designed to act like a hammock to reinforce the muscle.

Similar cases have been filed against manufacturers of other vaginal mesh products, including Mentor ObTape lawsuits, which are currently consolidated in federal court as part of an MDL, or multidistrict litigation.