JPML Refuses to Create 5th MDL Proceeding for Covidien Hernia Mesh Products

WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation has refused to consolidate actions alleging injuries caused by Covidien hernia mesh products, explaining there are alternatives to centralization available for management of the small number of pending federal cases.

In an Aug. 7 order, the panel rejected defendants’ argument that centralization will avoid inconsistent rulings on motions to dismiss, noting that such rulings have already been issued in the 12 pending actions.

Defendants moved for consolidation on June 5, arguing that a fifth MDL proceeding in the U.S. District Court for the Southern District of New York is needed …