New York, NY - October 17th, 2013 - A Massachusetts woman’s vaginal mesh lawsuit that was thrown out will now move forward, following an Oct. 9 Massachusetts Appeals Court decision, according to court documents. The Rottenstein Law Group LLP, which helps women who have had vaginal mesh complications with a lawsuit get compensated, offers its opinion of how appeals court decisions affects those who have filed or plan to file lawsuits.
Plaintiff Billie Allen alleges she has suffered from side effects, including mesh erosion, pain and vaginal scarring, related to the implantation of American Medical System and Boston Scientific mesh products, according to court documents (Allen v. Boston Scientific Corp., et al.; 12-P-1578, Massachusetts Appeals Court). Suffolk County Superior Court had initially dismissed the complaint, ruling that the plaintiff did not meet pleading standards. The appeals court ruled that the allegations in Allen’s complaint were indeed adequate.
“Fortunately, the appellate court rectified an error made by the trial court,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “Appellate courts have the prerogative to review—and, as appropriate, undo—decisions of lower courts. In this case, the review resulted in the reinstatement of the claims of the plaintiff."
AMS (Endo Health Solutions) and Boston Scientific are among five of six major mesh manufacturers with consolidated cases in federal court reported to be involved in mass settlement talks, along with Bard, Coloplast and Cook Medical, according to Bloomberg.
There are currently more than 30,000 lawsuits pending in federal court. The settlement talks are looking to resolve nearly all of those, the Bloomberg article said. So far this year AMS has already paid out more than $50 million in vaginal mesh settlements.
Vaginal mesh products are designed to treat urinary stress incontinence and pelvic organ prolapse, according to court documents.
The Rottenstein Law Group LLP encourages those who believe they have suffered from the alleged side effects of their vaginal mesh implants to visit the firm’s FAQ page for quick answers to questions about mesh harms and lawsuits. For updates on vaginal mesh lawsuit news, visit RLG's vaginal mesh Facebook page.
About The Rottenstein Law Group LLP
The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)
For More Information, Please Contact:
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