Derek Potts Appointed to Executive Committee and C.R. Bard Co-Lead Counsel in the West Virginia Transvaginal Mesh Litigation
Derek H. Potts of The Potts Law Firm, LLP, appeared at a hearing on April 13 in West Virginia to determine the leadership of the transvaginal mesh litigation.
The U.S. Judicial Panel on Multidistrict Litigation recently granted motions to create MDLs against three transvaginal mesh companies and transfer the MDLs to the U.S. District Court for the Southern District of West Virginia. Centralizing the litigation in the Southern District of West Virginia makes the pretrial proceedings more efficient, conserves judicial resources and avoids the risk of inconsistent rulings.
The recent JPML order created MDLs against American Medical Systems, Inc. (MDL No. 2325), Boston Scientific Corp. (MDL No. 2326) and Ethicon, Inc. (MDL No. 2327). Since 2010, Judge Goodwin has also been overseeing a MDL against another transvaginal mesh manufacturer, C.R. Bard, Inc. (In re Avaulta Pelvic Support Systems Product Liability Litigation, MDL No. 2187). Some observers expect filings in the MDLs to be in the tens of thousands.
On April 13th, Chief Judge Joseph R. Goodwin held a hearing to consider what MDL attorneys will be appointed to serve as lead counsel for the plaintiffs in the consolidated transvaginal mesh litigation. Shortly after the hearing, Derek Potts was appointed to the Executive Committee for all 4 MDLs, Co-Lead of the Bard MDL, and a member of the Plantiffs’ Steering Committee for all 4 MDLs. Eight firms from around the country comprise the Executive Committee and fifty firms comprise the PSC.
The cases involve lawsuits filed in federal courts across the country by women who claim to have suffered injuries after being implanted with vaginal mesh products for the treatment of pelvic organ prolapse (POP) and / or stress urinary incontinence (SUI).
According to the FDA, vaginal mesh erosion and protrusion of the mesh through the vaginal wall are the most commonly reported complications. The FDA also has received reports of pain, infection, bleeding, emotional problems, vaginal scarring and shrinkage.
In September 2011, Mr. Potts was appointed Liaison Counsel and Co-Lead Counsel for the federal Mentor ObTape Sling MDL by the Honorable Clay Land which is currently proceeding in the United States District Court for the Middle District of Georgia. As Liaison Counsel and Co-Lead Counsel, Mr. Potts is responsible for leading the consolidated litigation of all plaintiffs’ ObTape cases filed in federal courts in the United States.
