Trials in ObTape Lawsuit MDL Could Begin in February 2010

The first trials in the federal ObTape lawsuit MDL are scheduled to begin early next year for women who have experienced problems allegedly caused by defectively designed Mentor vaginal slings used during bladder lift surgeries.

United States District Judge Clay D. Land, from the Middle District of Georgia, issued a Discovery, Scheduling and Case Management Order on January 26, 2009, which applies to all of the ObTape lawsuits which have been centralized in his court as part of an MDL, or Multidistrict Litigation.

The ObTape Lawsuit MDL was established on December 3, 2008, and all cases pending in different federal districts throughout the United States have been transferred and centralized in Judge Land’s Court for pretrial litigation.

The Order identifies 21 “Phase I” lawsuits, which are cases selected by the parties for early trials. Case specific discovery will begin on these cases now and is scheduled to be compete by August 11, 2009, with global discovery into issues applicable to all cases set to be completed by October 15, 2009.

Following the discovery in Phase I cases, the Court has scheduled a final pre-trial conference for January 5, 2010, and the first trials should be ready to begin in February 2010.

All of the cases consolidated in the MDL share common factual issues as to whether the Mentor ObTape sling, which was used to treat female stess urinary incontinence between 2003 and 2006, was defectively designed or manufactured, and whether Mentor failed to provide adequate warnings about the risk of complications associated with the mesh.

As a result of the Mentor ObTape problems, many women have suffered from severe pain, vaginal extrusions, urinary tract erosion and infections following their bladder surgery. The issues appear to have been caused by the nonwoven design used for the ObTape vaginal sling, which has been found to block essential nutrients and oxygen.

The first state court Mentor ObTape trial occurred in December 2008, with a California jury finding in favor of Mentor after deciding that the plaintiff’s doctor was aware of the risks associated with the product.

This verdict, which was reached based on the specific facts of the case, is not expected to have a substantial impact on the federal MDL and ObTape lawyers are continuing to investigate new cases and file claims for women who experienced problems.