In his ruling issued on November 5, 2013, Judge Joseph Goodwin of the US District Court of West Virginia ordered a plaintiff in a vaginal mesh lawsuit to reimburse the defendant for the legal costs incurred during the preparation of the trial.
This developed after Linda Rizzo, the plaintiff, requested the court for a dismissal of her vaginal mesh lawsuit filed almost four years ago. After granting the dismissal, C.R. Bard, the defendant, asked the court to order the plaintiff to pay for the attorney’s fees and legal expenses for the acquisition of deposition transcripts and the plaintiff’s medical records.
It was earlier reported that Linda Rizzo was left no other choice but to request for a dismissal after her expert witness did not pass the board certification for the new sub-specialty of Female Pelvic Medicine and Reconstructive Surgery (FPMRS). This sub-specialty was only established this year with the first board examination given last June.
While this failure to pass the examination may not have affected the facts of the lawsuit, it was anticipated that it will hurt the case of Linda Rizzo. It is very unfortunate that this has to end this way for someone who suffered serious injuries.