Following the successful certification of a class action regarding transvaginal mesh devices, the plaintiffs sought costs of $900,000 on a partial indemnity basis.
The certification motion was heard in two phases, with the first phase adjourned to allow the plaintiffs to gather additional evidence.
The court found that the plaintiffs were the successful party and entitled to costs.
However, recognizing that the defendants should not have to pay for the plaintiffs' 'education' from the first phase unless the defendants are ultimately found culpable, the court awarded $425,000 payable forthwith (accounting for a $25,000 deduction for an abandoned motion) and $450,000 payable in any event of the cause.
