Product Liability & Toxics Law News

Pelvic Mesh Lead Attorneys Stand to Get $550M

Jan. 31, 2019, 7:27 PM

Plaintiffs’ leadership attorneys in federal pelvic mesh multidistrict litigation stand to gain an estimated $550 million for their work, according to a recent order by the court overseeing the seven separate proceedings.

The attorneys are entitled to 5 percent of what’s expected to be $11 billion in settlements and judgments from Boston Scientific Corp., J&J unit Ethicon Inc., and other mesh manufacturers, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia said Jan. 30.

Goodwin granted the attorneys’ request that 5 percent of settlements and judgments go into a common benefit fund to compensate attorneys for work used by all plaintiffs.

Here each proceeding involves one pelvic mesh maker.

There are about 104,000 plaintiffs, led by a 61-member steering committee, the order said.

“As a result of work by the PSC, plaintiffs have been able to file claims in the seven actions and use the already-developed pretrial materials to seek relatively quick resolution of their cases,” the court said.

Tens of thousands of cases have already resolved, for a total of $7.25 billion, the court said. Some $366 million has already been paid into the common benefit fund.

Plaintiffs stand to recover an additional $3.75 billion, for a total of $11 billion, court said.

The leadership attorneys had to pay tens of millions of dollars to fund the litigation, the court said.

The 5 percent figure is in line with common benefit awards in other large multidistrict proceedings, the court said.

Plaintiffs’ leadership attorneys were awarded 6.5 percent of the $4.85 billion Vioxx settlement, and 4.3 percent of a $13 billion deal in the Deepwater Horizon proceedings, the court said.

The court noted that it isn’t making a determination on the reasonableness of awards to any particular law firms at this time.

The case is In re Bos. Scientific Corp., Pelvic Repair Sys. Prods. Liab. Litig., 2019 BL 30379, S.D. W.Va., MDL No. 2326, 1/30/19.

To contact the reporter on this story: Julie Steinberg in Washington at jsteinberg@bloomberglaw.com

To contact the editors responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com; Nicholas Datlowe at ndatlowe@bloomberglaw.com

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