The path for severely injured women to obtain justice became more certain, as newly injured must have their cases filed directly in State and Federal Courts.
The transvaginal mesh (TVM) Multidistrict Litigation (MDL) in the Southern District of West Virginia closed its doors to new cases on June 21, 2018. As a result, the path for severely injured women to obtain justice became more certain, as newly injured must have their cases filed directly in State and Federal Courts across the country, bypassing the delays caused by the largest MDL in United States history. In addition, during the second half of 2019 Judge Goodwin has begun to remand cases that have not settled to the Federal Courts across the country to be tried.
Greg Vigna, MD, JD, pharmaceutical injury attorney, practicing physician, and Certified Life Care Planner says, “My firm’s criteria are women with severe disability with symptoms that suggest neuralgia such as pain with sitting, inability to wear tight pants, tailbone pain, impairment in mobility, clitoris numbness, groin pain, and dyspareunia. These symptoms suggest neurological injuries caused by TVM devices. We represent women that are newly injured and those whose cases have been in the MDL for years who desire that an experienced trial firm represent them to litigate their case.”
The Vigna Law Firm is litigating Ethicon cases involving the TVT-O, TVT, Prolift, Secur, Abbrevo, and the Prosima with co-counsel Martin Baughman, PLLC, a national litigation pharmaceutical injury firm in Dallas Texas. Ben Martin, Esq, states, “Our Ethicon cases are being prepared for trial. Dr. Greg Vigna I’ve represented catastrophically injured people for over thirty years now, and I have seen few case types that compare to the injuries sustained by women who have pudendal and obturator neuralgia caused by these devices. We intend to litigate these cases to verdict and thereafter if necessary, and our Ethicon docket represents a substantial number of severely injured women.
“I believe we have a pathway for our clients to achieve justice and the compensation they require.” – Dr. Greg Vigna
Mr. Martin continues, “Our strategy is clear. We carefully review new cases so that the severely injured victims of Ethicon mesh products can be represented and their cases can go forward to trial. Our main focus is to aggressively represent people who are catastrophically injured so that they can have their day in court. These include some of the most injured victims with economic loss from vocational disability enormously burdened with future medical care needs and those associated costs. Many times we will have experts that will evaluate these costs depending onthe needs of the specific case. These experts include economists and life care planners.”
Dr. Vigna adds, “On May 5, 2020, my litigation team filed a case on behalf of a severely injured woman caused by an Ethicon Abbrevo transobturator sling. The case is now active in Federal Court in New Jersey (Case 3:20-cv-05539). Her case had been dismissed without prejudice with a valid tolling agreement from the MDL after she rejected the offer of settlement from another firm’s aggregate settlement. I believe we have a pathway for our clients to achieve justice and the compensation they require.”
Ben Martin and Laura Baughman are national pharmaceutical injury attorneys in Dallas, Texas. Dr. Vigna is a California and Washington DC lawyer who focuses on catastrophic injuries caused by transvaginal mesh devices including pudendal neuralgia, obturator neuralgia, and complex regional pain syndrome.
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