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Mistrial In Surgical Mesh Case In W.Va.

By: Associated Press Email
By: Associated Press Email

CHARLESTON, W.Va. (AP) - 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 says 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.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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