Another C.R. Bard Transvaginal Mesh Lawsuit Set for Trial in December
November 13th, 2013 by Sandy Liebhard
The mulitidistrict litigation underway in West Virginia federal court for C.R. Bard transvaginal mesh lawsuit claims is about to hit an important milestone, as the proceeding prepares for the final trial of its first round of bellwether cases. According to court documents, that trial is set to start in U.S. District Court, Southern District of West Virginia, on December 6th, and will involve another of the company’s Avaulta mesh devices.
Bellwether trials are a vital part of the multidistrict litigation process, as they are used to gauge the strength of plaintiffs’ claims across a large number of similar lawsuits. While several vaginal mesh lawsuits were designated for the first round of bellwether trials in the federal C.R. Bard litigation, only one case has gone before a jury so far in the proceeding. That case ended in August with an award of $2 million in compensatory and punitive damages to a woman who suffered serious vaginal mesh complications following the implantation of an Avaulta Plus device in 2009.
The litigation’s second bellwether case was settled on the day the trial was scheduled to start, while the plaintiff in the transvaginal mesh lawsuit designated for the third trial asked to have her claim voluntarily dismissed.
One other C.R. Bard lawsuit has gone to trial, but on the state level. That case concluded in July 2012, with a California jury ordering the company to pay $2.5 million of a $3.6 million judgment awarded to another woman injured by Avaulta mesh.
Vaginal Mesh Complication Reports Mount Along with Lawsuits
More than 30,000 vaginal mesh lawsuits are pending in several multidistrict litigations underway in the Southern District of West Virginia that involve C.R. Bard, American Medical Systems, Inc. Boston Scientific Corp., Ethicon, Inc. and others.
In 2011, the FDA warned that it had received more than 2,800 reports of vaginal mesh complications, including mesh erosion through the vagina, pain, infection, bleeding, pain during sexual intercourse (dyspareunia), organ perforation, and urinary problems, between 2008 and 2011. Just a few years earlier, the agency had revealed that it had received 1,000 reports of such injuries in the three year period from 2005 through 2007. As result, the FDA is now considering subjecting such devices to greater regulatory scrutiny, and has asked the manufacturers of transvaginal mesh to conduct post-market studies of their products to help it better understand their safety profiles.
In the summer of 2012, C.R. Bard announced it would suspend sales of some of its Avaulta products, due to the FDA’s actions. However, it has not announced a transvaginal mesh recall for any device involved in the ongoing litigation.
Learn More about Transvaginal Mesh Lawsuits
If you or a woman you care about might be interested in filing a transvaginal mesh lawsuit to obtain compensation or injuries sustained from pelvic mesh, please contact Bernstein Liebhard LLP today. A free case review can be arranged by calling .