The transvaginal mesh (TVM) Multidistrict Litigation (MDL) in the Southern District of West Virginia closed its doors to new cases on June 21, 2018.
After amassing over 107,000 injured women, the transvaginal mesh (TVM) Multidistrict Litigation (MDL) in the Southern District of West Virginia closed its
doors to new cases on June 21, 2018. The path for severely injured women to obtain justice became more certain, as newly injured women must have their cases filed directly in state and federal courts across the country, bypassing the delays in the largest MDL in United States history.
Prior to June 21, 2018 severely injured women with pudendal neuralgia, obturator neuralgia, and ilioinguinal neuralgia automatically had their cases transferred to the MDL even if filed elsewhere, often with lawyers who had little economic incentive to try their cases as most of their cases likely were less seriously injury, sometimes including erosions, that were often settled through aggregate settlement programs that may not have provided reasonable compensation for the most
Greg Vigna, MD, JD, pharmaceutical injury attorney, practicing physician, and Certified Life Care Planner states, “The MDL unfortunately was about erosions and often left out victims of neurological injuries caused by TVM devices. We represent women with those pelvic nerve injuries. It is important for women to understand that my law firm’s criteria for new TVM clients is 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. We understand the huge barriers for injured women to obtain quality care and that there are few doctors with the skill, knowledge, experience, and training across the country to diagnose pudendal, obturator, and ilioinguinal neuralgia. Not to mention the 2-4 month wait to get an appointment with these providers.”
The MDL unfortunately was about erosions and often left out victims of neurological injuries caused by TVM devices. We represent women with those pelvic nerve injuries.” – Dr. Greg Vigna
Dr. Vigna adds, “There are world renowned mesh removal specialists around the country who have women coming from across the world with TVM injuries that rarely, if ever, diagnose a specific neurological injury in mesh victims who may have them. Fortunately, these physicians generally do a good job documenting the location and distribution of the pain pre-operatively to ensure that the defendant manufacturers don’t have a claim that the pain, if it persists after
complete removal, is caused by the surgical removal of the device and not the device itself.”
Dr. Vigna updates the status of litigation against Boston Scientific, “My team represents no less than twenty women with the Obtryx sling with catastrophic injuries consistent with pudendal and obturator neuralgia. Many of these women are awaiting remand from the MDL and came to my firm as we focus largely and almost exclusively on women with painful and debilitating neurological injuries. Others include women that have been dismissed without prejudice from
the MDL with a valid tolling agreement that are refiled in federal courts across the country. In addition, there are few firms across the country that represent newly injured women after the MDL closed its doors to new cases and as one of them we have filed several cases in state and federal courts across the country.”
The Vigna Law Firm is litigating many of these Obtryx cases with co-counsel Martin Baughman, PLLC, a national litigation pharmaceutical injury firm in Dallas Texas. Ben Martin, Esq, states, “The Obtryx cases on our docket are trial worthy cases and are being prepared for trial. I’ve been representing victims of catastrophic personal injuries for over thirty years and there is little that compares to pudendal and obturator neuralgia. We hope to take Boston Scientific to verdict on many of these cases and keep those verdicts on appeal. Once a verdict is affirmed by final judgment on appeal, Boston Scientific and others like it will be forced to compensate our clients. At that point there is no choice. The cases being handled by Dr. Vigna, with the trust of the disabled injured community of women he referents, carry a substantial economic risk for Boston Scientific. It is unclear how it will be economically viable for Boston Scientific to continue
manufacturing these devices while these severe injuries continue to mount and these lawsuits continue to pile up. “Looks to me like they have a big mess on their hands,” says Vigna.
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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