Covidien Mesh Products Lawsuits Centralization Rejected

Introduction

A motion filed by the manufacturer of Covidien hernia mesh products asking for consolidation was rejected by the U.S. Judicial Panel on Multidistrict Litigation (JPML), indicating that the few pending federal cases don't justify formal coordination.

Covidien, a subsidiary of Medtronic, filed the motion for centralization in June, stating that it believed the number of cases filed would rise in the coming weeks and months. However, some plaintiffs opposed the move calling it premature. The plaintiffs also asserted that the consolidation would unnecessarily delay proceedings in cases that have already advanced significantly through discovery. The JPML sided with the plaintiffs and rejected the motion by issuing an Order Denying Transfer on August 7.

The manufacturer, who covers about 20% share of the hernia mesh market, maintained that the claims are without merit, and expected the number of lawsuits to grow considering other similar cases involving hernia mesh products.

At least 12 different product liability lawsuits have been filed by plaintiffs who received Covidien Parietex and other similar products. A panel of federal judges in the order noted that there are alternatives to centralization available, which are sufficient to avoid duplication during pretrial proceedings.

Centralization has been established in the federal court system for other hernia mesh lawsuits, which include Bard polypropylene mesh lawsuits, Ethicon Physiomesh lawsuits, and Atrium C-Qur mesh lawsuits. The Covidien hernia mesh lawsuits will continue to proceed as individual claims through the federal court system for the time being.

Earlier, 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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