by Amanda Bronstad // National Law Journal
After four years of litigation, most of the manufacturers of pelvic mesh devices have begun to settle thousands of cases in an effort to shrink the largest mass tort in the country.
All, that is, except for Johnson & Johnson.
Unlike other defendants, Johnson & Johnson's Ethicon Inc. for the most part has resisted efforts to settle litigation over the devices, taking its chances in court. And so far, the record isn't great: Ethicon has lost five of seven bellwether trials in the past two years. At least six more trials are coming up this year against Ethicon — by far more than any other pelvic mesh defendant. The first two are in Philadelphia on Jan. 25 and Feb. 22.
Lawyers involved in mesh litigation are monitoring the outcomes of those trials to assess whether Ethicon, which has more lawsuits than any other defendant, could be convinced to start settling its cases.
Most of the trials are in state courts. But U.S. District Judge Joseph Goodwin of the Southern District of West Virginia, who has been pressuring all the defendants to settle the federal lawsuits over pelvic mesh devices, has scheduled the first consolidated trial against Ethicon. That trial, set for April 11, involves 37 cases against the company.
Read more: http://www.nationallawjournal.com/id=1202746663449/Pelvic-Mesh-Maker-Bets-On-Trials#ixzz3x2mVERZf
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