Bernstein Liebhard LLP reports that the Honorable Carol E. Higbee, who is overseeing the consolidated transvaginal mesh lawsuits, In re Pelvic Mesh/Gynecare Litigation (No. 006339-10 (NJ. Super. Ct.)), pending in the Superior Court of New Jersey, Atlantic County, set a trial date of November 5, 2012 for the first group of transvaginal mesh lawsuits.*  Specifically, on October 28, 2011, Judge Higbee issued a scheduling order for the initial bellwether trials.  The order includes a detailed schedule for early depositions, an outline regarding the selection process for the bellwether cases and a pre-trial schedule.  The purpose of these “bellwether” trials is to try cases that are representative of plaintiffs’ claims generally and to determine the strength of plaintiffs’ claims and the extent of defendants’ potential liability.

Bernstein Liebhard LLP partner, Jeffrey S. Grand, who has been appointed Co-Liaison Counsel in the consolidated pelvic mesh litigation, commented “The effects of these defective products are catastrophic to women and their families and plaintiffs are pleased that the Court has set a trial date.”

A Breakdown Of The Timeline Set Forth In The Pelvic Mesh Scheduling Order

According to the order, by November 1, 2011, both sides should have each selected seven cases. In order to qualify for this initial group of bellwether cases, each of the individual plaintiffs must have undergone some form of remedial surgery to correct injuries alleged as a result of receiving the pelvic mesh implants.  Further, the order stipulates that preliminary discovery for two out of the 14 cases shall commence on December 16, 2011 and must be completed by March 30, 2012.  The order also provides deadlines for both parties to produce expert reports.  The exchange of these reports will be conducted between April 15, 2012 and July 20, 2012.  These reports contain the opinions of expert witnesses chosen by both plaintiffs and defendants in order to support their respective claims.  Typically, expert reports state facts and provide detailed explanations in order to justify the experts’ conclusions and opinions.  Experts for both sides are then deposed by opposing counsel.  According to the order, this must be completed by October 5, 2012.  By May 12, 2012, a second group of 14 cases shall be chosen as additional bellwether trials; the criteria for these cases will be determined by agreement between counsel and the court, if necessary.  Finally, on November 5, 2012, the initial bellwether trials will begin.

In 2008, the FDA issued its first communication regarding the dangers associated with transvaginal mesh,** and has since continued to review the safety of the devices.  Since that time, Bernstein Liebhard LLP has provided a wealth of consumer information concerning transvaginal mesh on its website,  If you or a loved one underwent a surgical procedure and have been implanted with transvaginal mesh, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

*October 28, 2011 In re Pelvic Mesh/Gynecare Litigation Initial Scheduling Order Including Scheduling of Initial Depositions, Selection of Initial Bellwether Cases, and Initial Pre-Trial Scheduling 10/28/11


For more information about filing a transvaginal mesh lawsuit, contact an attorney at Bernstein Liebhard LLP at (877) 779-1414 or at

About Bernstein Liebhard LLP

Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products.  The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country for the past nine consecutive years.  Only two firms in the country have been selected for the Hot List nine years in a row.

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Published November 8, 2011 by