There is a pending application in the Hernia Mesh litigation in New Jersey state court to have the litigation designated as a multicounty litigation (MCL). An MCL would permit centralized management of all related cases filed throughout New Jersey.
The MCL parameters proposed by the application would encompass all cases related sixty-two cases currently pending in Bergen County, New Jersey, involving one or more “Multi-Layered Hernia Mesh” products manufactured by Defendants, Ethicon and Johnson & Johnson. The Multi-Layered Hernia Mesh products that Plaintiffs claim to be defective and seek to be part of the MCL include: Physiomesh Flexible Composite, Proceed Surgical Mesh, Proceed Ventral Patch, Prolene 3D Polypropylene Patch, and Prolene Hernia System. The application further requests that the cases be assigned to Judge Rachelle L. Harz, in Bergen County, New Jersey.
There is already a multidistrict litigation (MDL), involving cases from various states and districts across the United States, designated for the centralized management of Physiomesh products and related cases. The MDL has been pending in the United States District Court, Northern District of Georgia, since June 2017, before Judge Richard W. Story. Accordingly, if the MCL application is granted, the MCL and MDL will likely not address completely parallel claims, but there will be extensive overlap.
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