Motion Filed to Consolidate Mentor ObTape Sling Lawsuits

Mentor Corporation has filed a motion to stay at least 22 ObTape vaginal sling lawsuits pending a decision from the Judicial Panel on Multidistrict Litigation on a request to centralize and coordinate all of the cases before one judge for pretrial litigation.

ObTape is a transobdurator vaginal sling manufactured and sold by Mentor Corporation between 2003 and 2006. It is a surgically implanted medical device used to treat female stress urinary incontinence which is caused by weakened and eroded muscles in the urethra.

 
The ObTape sling was removed from the market in 2006 as a result of a number of serious complications experienced by women who received the device during bladder surgery, including pain, infections, vaginal extrusions and urinary tract erosion.

Mentor currently faces Ob Tape Sling lawsuits that are pending in 12 different federal district courts on behalf of 95 plaintiffs. The product liability lawsuits allege that the ObTape Sling was defectively designed and that Mentor failed to adequately warn about the substantial risk of problems.
 
Unlike other vaginal slings, the ObTape mesh is made of small-pored non-woven fibers that could block vital oxygen and nutrients from reaching vaginal tissues. This may lead to impaired healing and other serious injuries.

Mentor obtained FDA approval for the ObTape sling in 2003 by claiming it was similar to other products already on the market. Therefore, the company conducted no clinical trials to assess the safety of the device.
 
Lawyers for Mentor have filed a motion to establish an MDL, or multidistrict litigation, which will allow all of the vaginal sling lawsuits to be coordinated and centralized during pretrial litigation. In their motion, the Mentor’s lawyers argued that this will help avoid duplicative discovery and depositions, inconsistent rulings and conserve the resources of the parties.

Federal procedures allow the Judicial Panel on Multidistrict Litigation to consolidate cases that have one or more common questions of fact. In most complex product liability cases involving medical devices that result in multiple lawsuits, the Panel has agreed to coordinate the cases.

Mentor has proposed that all cases be centralized in the Western or Northern Districts of Oklahoma, or as an alternative in the Northern District of Ohio. They argue that these are central locations which are in accessible cities and at least one lawsuit is already pending in each of these courts.
 
There are also Mentor ObTape Sling lawsuits pending in the Middle District of Georgia, Northern District of Georgia, Southern District of Georgia, Middle District of Florida, District of New Jersey, Central District of California, Eastern District of Louisiana, Eastern District of New York and Western District of Missouri.
 
Although there are currently only 22 vaginal sling lawsuits which have been filed against Mentor, ObTape lawyers who are reviewing cases anticipate that more cases will be filed in the coming months.
 
Approximately 35,000 of ObTape Vaginal Slings were implanted in women while it was still on the market. Studies have indicated that 17-18% of women receiving the ObTape sling will experience complications, which could mean that there could be hundreds of potential lawsuits.