On What Issues is an Urogynecologist Allowed to Testify in Surgical Mesh Litigation?

Opinions and Testimony of the Defense’s Expert in Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse (“POP”) and stress urinary incontinence (“SUI”).

In the seven MDLs, there are more than 16,000 cases currently pending, approximately 10,000 of which are in this MDL.

Judge Goodwin wrote the “[b]efore plunging into the heart of the Motion, a few preliminary matters need[ed] to be addressed.”

Goodwin said he was compelled to comment on the parties’ misuse of his previous Daubert rulings on several of the experts offered in this case.

The parties have, for the most part, structured their Daubert arguments as a response to these prior rulings, rather than an autonomous challenge to or defense of expert testimony based on its reliability and relevance. In other words, the parties have comparatively examined expert testimony and have largely overlooked Daubert‘s core considerations for assessing expert testimony.

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