EYEWITNESS LOCAL NEWSMistrial Delcared In Surgical Mesh Case In Charleston
from Eyewitness News Online
Reported by: Associated Press
Web Producer: Jeff Morris
Reported: Jul. 15, 2013 12:50 PM EDT
Updated: Jul. 16, 2013 10:30 AM EDT
Charleston , Kanawha County , West Virginia
A mistrial has been declared in the first trial of thousands of surgical mesh lawsuits.
U.S. District Judge Joseph Goodwin scheduled a new trial to begin July 29 in Charleston.
The Charleston Gazette said Goodwin determined last week that jurors wouldn't be able to disregard improper testimony by a plaintiff's witness.
Dr. Lennox Hoyte testified that no one implants or sells the devices anymore.
Goodwin said Hoyte's statement was "spontaneous" and it wasn't true.
The case is one of four bellwether cases that Goodwin will hear in Charleston to determine the next step in litigation for the remaining lawsuits.
The lawsuits accused the implants' makers of inadequate testing, failing to disclose potential risks and fraudulently promoting the mesh as a safe medical device.
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