The plaintiffs moved for certification of a products liability class action against the defendants regarding pelvic mesh products used to treat pelvic organ prolapse and stress urinary incontinence.
The court dismissed the certification motion, finding that while the plaintiffs satisfied the cause of action, identifiable class, and representative plaintiff criteria, they failed to establish some-basis-in-fact for the commonality and preferable procedure criteria due to the multifarious nature of the 19 different products involved.
The dismissal was made subject to an 'Alternatives Motion' to allow the plaintiffs to propose continuing the proceeding in an altered form.
