Transvaginal mesh has caused significant harm throughout the United States and there are thousands of patients currently taking legal action against medical device manufacturers due to dangerous mesh. Several of these cases are going forward as representative cases designed to enable the judge to determine how the bulk of the litigation will proceed.
Our Boston transvaginal mesh attorneys know that the outcome of these cases is very important as the outcomes may have a significant impact on how future cases are resolved. Recently, however, a mistrial was declared in one of the surgical mesh cases that was going on in Charleston.
Mistrial Declared in Surgical Mesh Case
According to the Charleston Daily Mail, United States District Judge Joseph Goodwin declared a mistrial in the first of the four transvaginal mesh trials going on in the area.
The cases were consolidated in the Southern District of the federal courts of West Virginia. During the trial, the plaintiff asked a question of a physician from the University of Southern Florida College of Medicine. The witness answered the question by reporting that he took a lot of the mesh out, and that no one sells or implants the product anymore.
The defense attorney immediately objected to the statements, which were described by the judge as both spontaneous and untrue. After the jury was dismissed for lunch, an attorney for the defendant moved for a mistrial and the judge agreed after conferring with the lawyers for several hours.
The judge believed the mistrial was appropriate because it would be too difficult for the jury not to consider the statement made by the physician, even with instructions to do so. In fact, instructing the jury to disregard the statement would, in the opinion of the judge, simply draw more attention to the words of the witness.
Because the jury might be unduly influenced by the statements in favor of the plaintiff, the judge felt as though he had no choice but to declare a mistrial. It was, according to the Daily Mail, the first time in almost 20 years that he had been forced to declare a mistrial in a civil lawsuit.
Because the mistrial was declared, the case will need to begin from scratch again. The new trial will begin on the 29th of July with the selection of a new jury and the judge has cautioned that the witnesses must be cautioned stronger about what they may and may not say in future trials so there are no further problems.
Unfortunately, this delay and the need for a new trial will result in the claim taking longer and thus will result in many plaintiffs harmed by transvaginal mesh being forced to wait an even longer period of time to get the compensation they are counting on.
Many of those patients who have sustained harm as a result of transvaginal mesh have undergone painful surgeries and spent significant sums of money on medical care to treat their complications. The longer the cases take, the longer it will take for these plaintiffs to be repaid for the losses they’ve endured. For those who have been harmed, it is important to speak with an attorney as quickly as possible to get your claim moving forward.
If you or a loved one is experiencing transvaginal mesh complications in Massachusetts, call Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
More Blog Entries:
Medical Device Company’s Profits Plunge Due to Transvaginal Mesh Legal Fees, Boston Personal Injury Attorney Blog, May 1, 2013