Parties Dispute Jury Instructions as to Apportionment of Fault in Calif. Transvaginal Mesh Action

LOS ANGELES — Parties in a California transvaginal mesh action are disputing jury instructions regarding the apportionment of fault to the plaintiff’s implanting surgeon.

In an April 22 filing, the parties disputed two jury instructions regarding the apportionment of fault to Sanchez’s implanting surgeon, Dr. Kerri Wiltchik. BSC asserts the instructions are proper because it may present evidence at trial that the surgeon was negligent. The plaintiff, however, argues that BSC has presented no evidence that Dr. Wiltchik was negligent and therefore the instruction should not be given.

Trial began on May 5 in the U.S. District Court for the …