As reported by LexisNexis Mealey’s Legal News, a Georgia jury found in favor of Mentor Worldwide LLC on June 17 following an 11-day trial of the negligence case brought by Irene Morey, who blamed injuries on Mentor’s vaginal sling.  Mentor successfully countered that the device — approved by the FDA at the time of its use — was not defective and had been used successfully in treating thousands of women. This was the first of the bellwether cases going to trial in the MDL established in federal court in Columbus, Ga.  Morey, a resident of Washington, sued Mentor in its home state of Minnesota, alleging the product was not appropriate for use in the vaginal area.  As a result, she claimed, she suffered vaginitis and had to have the sling surgically removed.  The case was later transferred to the MDL.  The plaintiff is represented by Laminack, Pirtle & Martines, the Potts Law Firm, and the Burnett Law Firm.  Mentor is represented by the Tucker Ellis law firm.

Law360, also a LexisNexis company, quoted John Q. Lewis of Jones Day as saying the jury “deserves a lot of credit” because they “patiently listened to six weeks of testimony, mostly through plaintiff’s chosen witnesses, and after the complete story was told, ultimately determined that the science and clinical information favored Mentor’s position.”

“The defense verdict in the recent Mentor OB case, despite an extraordinary effort on behalf of the plaintiff’s counsel, speaks more to the capriciousness of the jury system than the underlying strength of the case,” attorney Aimee Wagstaff told HB.  “We continue to believe that both OB Tape and TVM sling products are dangerous, unfit for the marketplace and have injured thousands of our clients. Further litigation will bear this out and justice will be delivered for those injured by these dangerous products.” Aimee Wagstaff, with Andrus, Wagstaff & Hood, is National Co-Lead counsel of the Plaintiffs’ Steering Committee in the Boston Scientific TVM MDL 2326.