Mary McGuinness, the plaintiff, received $23 million in compensatory damages as reported by Law360 [1], while her husband, Thomas, was granted $10 million for loss of consortium.
Free Confidential Lawsuit Evaluation: If you or a loved one has been injured by complications of a pelvic mesh product, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
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What’s the problem?
April 12, 2018 – The jury determined that the Avaulta and Align meshes, which were implanted to treat McGinnis’s pelvic organ prolapse (POP) and stress urinary incontinence, were defectively designed and left her in chronic pain, according to CVN [2].
Bard countered that it tested the mesh slings extensively, and that the plaintiff had other pre-existing medical conditions that were the actual cause of her injuries.
By 2016, Bard said it had recalled both the Avaulta Solo Support and Align Trans-Obturator Urethral Support Systems from the U.S. market.
McGinnis, who filed the complaint in 2011, received the pelvic mesh implants in March 2009. She underwent the Avaulta Solo procedure to treat her POP, and the Align system was implanted to treat her SUI, according to the lawsuit.
Plaintiff alleged that, before the procedure, Bard knew about problems with the pelvic mesh implants, and that her surgeon would not have used them had the manufacturer warned about their potential health consequences.
The lawsuit is: Mary McGinnis and Thomas Walsh McGinnis v. C.R. Bard Inc., et al., case number BER-L-17543-14.
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