The first of the consolidated transvaginal mesh lawsuits currently pending in the Superior Court of New Jersey, are set to go to trial on November 5, 2012.
A bellwether trial is a trial to indicate future trends in a specific litigation. They are used when a large group of plaintiffs have filed suit based on the same theory or claim, and the only feasible way to handle the caseload is through a bellwether trial.
On October 28, 2011, Judge Carol E. 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.
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. This first group contains 14 cases in total, and by May 12, 2012, a second group of 14 cases shall be chosen as additional bellwether trials.
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