Byrd Federal Court in Charleston, WV

Byrd Federal Court in Charleston, WV, June 2, 2015

It is the case that would consolidate 37 women, all implanted with Ethicon’s TVT (tranasvaginal tape) mesh into one trial.

It was schedule to be heard April 11, but now a new schedule issued  by the judge presiding over this federal multidistrict litigation attempts to close any loopholes that have allowed the case to miss its trial date.

When it is heard later this year, it will be the largest number of plaintiffs to face Ethicon, a division of Johnson & Johnson, in one trial. There are more than 31,000 defective product cases filed before Judge Goodwin in this multidistrict litigation naming Ethicon, more than any of the other six plaintiffs.

Terreski Mullins and her 36 co-plaintiffs all reside in West Virginia, Even though they had different implanting physicians, they all received the TVT, a mesh used to treat incontinence.  All claim injuries from the procedure and the mesh. In an effort to move  these cases along, they were consolidated into one trial.

Judge Joseph Goodwin

Judge Joseph Goodwin

Judge Joseph Goodwin, in an order issued March 15th, says no case specific discovery has been conducted on the design defect claims, though discovery, expert disclosure and pretrial motions have been completed.  The defense medical exams have also not been completed as there was disagreement on just what plaintiffs could request to make the exams more convenient and less intrusive.

Judge Goodwin in his order sets specific deadlines to move things along. Among them:

*March 31, 2016 –  Plaintiff Face Sheet should be completed

*May  12, 2016- Interrogatories, Request for Admissions and documents should be completed. Both sides are limited to 15 interrogatories (a series of questions the other side poses of plaintiffs). Each side is limited to no more than six experts.

*May 26, 2016 – Plaintiffs serve expert reports on causation, warnings or case specific issues.

*June 16, 2016 ~ Defendants shall serve expert reports on causation, warnings and or case specific issues.

*June 27, 2016~ Rebuttal Expert Reports shall be served by plaintiffs on that date.

*July 25, 2016 ~ All discovery ends. (That is request of documentation from the other side).  Motions in Limine are filed on this date, (what will be excluded from the trial).

While there is no date set for the Mullins trial of 37 plaintiffs, it could be assumed to be conducted sometime after August 8, 2016 when the response briefs to the Motions in Limine are due.

Dr. Eddie Sze, MD formerly of WV University Hospital

Dr. Eddie Sze, MD formerly of WV University Hospital

Plaintiffs immediately notified the court that they have set the depositions for the implanting physicians. They include:

May 18, 2016, the deposition of Courtney Pettiford, M.D. a doctor from Beckley, WV who implanted the TVT in Ms. Dameron (Case No. 2:13-cv-14799. The deposition of Dr. Joe Ellington will be conducted on May 20, another implanting physician from Princeton, WV. The deposition of Dr. Juddson Lindley, M.D. will be taken May 16th in Beckley, WV. Also in Beckley is Dr. Todd Resley who will be deposed May 24, 2016. (related to Ms. Cook’s implant. Case No. 2:13-cv-29260). 

From Summersville, WV Dr. Lukasz Rostocki, M.D.’s deposition will be taken May 25. From Morgantown, WV, the deposition of Dr. Stanley Zaslau will be taken on May 26th. Dr. Cyrus Mali, M.D. of Charleston WV will be deposed by the plaintiffs on May 25, 2016 in relation to the case of Ms. Javins (Case No. 2:13-cv-29260).

Dr. Eddie Sze of Syracuse, NY, will also be deposed on May 3, in that city as well as April 29th by another plaintiff law firm. He was previously appointed to West Virginia university Hospital from 2005 to 2012.  #

 

LEARN MORE:

So,. District of WV, Fourth Amended Docket Control Order, Doc #258

You will need a Pacer Account.   Case No. 2:12-cv-02952,  So District of WV