Readers Resource on Upcoming WV Transvaginal Mesh Cases

Jane Akre
July 16, 2013
Gavel  500

Here is the schedule for the upcoming cases filed in Charleston, WV, 26,769 as of last week. Remember there are four cases naming C.R. Bard that will be heard back to back. These are bellwether cases that could signal a settlement if the product liability cases are successful.

As of last week there were 26,769 cases consolidated in the one court- the federal court in Charleston, West Virginia. Among those, 3,988 name C.R. Bard and its Avaulta meshes which the plaintiffs claim is defective and the manufacturer failed to alert doctors and patients.

After a mistrial was declared on July 10, the Donna Cisson case will be retried beginning 7/29. This impacts the rest of the trial dates in Bard, status conferences, etc. The status conference on August 1 will be rescheduled to September 19, but the Court and counsel will meet on August 1st in the morning for the purposes of (1) conducting an initial conference with the Cook MDL folks and (2) hearing the Boston Scientific bellwether presentations.

The Cook initial conference will begin at 8:30 am, immediately followed by the Boston Scientific bellwether presentations, so that we will conclude by noon and are able to resume the Cisson trial in the afternoon.

The Status Conference on September 26th is cancelled.

The November 7th status conference will begin at noon instead of 10 to accommodate the Jones trial.

Here is the calendar:

7/29 - 8/13 - Cisson Trial

8/1 - 8:30-12 - Initial Conference with Cook MDL at 8:30; Boston Sci bellwether presentations immediately following Cook Initial Conference

8/19 - 9/4 - Queen trial; 9/2 is a federal holiday, court closed

9/19 - August status conference (rescheduled)

9/26 - Status Conference - cancelled

10/8 - 10/24 Rizzo Trial; 10/14 is a federal holiday, court closed

11/4 - 11/20 - Jones Trial; 11/11 is a federal holiday, court closed

11/7 - Status Conference (as previously scheduled); time changed to noon

12/3/13 - AMS trial

12/5 - Status Conference (as previously scheduled at noon)

The remaining dates will remain in place (AMS, Ethicon, Boston Sci trials) and the status conferences (1/9, 2/6, 3/13, etc.).

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