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Landmark Decision Reached in Vaginal Mesh Lawsuit Against C.R. Bard

Last Friday, a jury ruled that medical technology giant C.R. Bard and a doctor must pay a total of $5.5 million in damages over a vaginal mesh implant that left a woman with persistent pain and potentially irreversible injuries.

July 26, 2012 – Last Friday, a jury ruled that medical technology giant C.R. Bard and a doctor must pay a total of $5.5 million in damages over a vaginal mesh implant that left a woman with persistent pain and potentially irreversible injuries. The panel found that Bard executives were negligent in their handling of the devices, which are used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP). The landmark case is the first to go to trial among hundreds of lawsuits alleging that vaginal mesh implants made by Bard, Johnson & Johnson, and Boston Scientific caused severe organ damage and other serious injuries.

Transvaginal Mesh Lawsuit Update 8/1/12: According to a plaintiff’s attorney in what appears to be the latest in a string of transvaginal mesh (TVM) lawsuits filed around the country over the past several months, Boston Scientific Corporation knew – or should have known – about the health risks associated with its products. The plaintiff, from Tennessee, was reportedly implanted with a Boston Scientific Obtryx Tansobturator Mid-Urethral Sling System, and subsequently suffered debilitating personal injuries. Click here to learn more.

Free Vaginal Mesh Lawsuit Evaluation: If you or a loved one has been injured by a vaginal mesh product, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of the vaginal mesh and we can help.

What’s the problem?

Jurors at the Kern County Superior Courthouse in Bakersfield, CA., concluded on July 20 that Christine Scott and her husband deserved the compensation because of injuries caused by Bard’s Avaulta Plus vaginal mesh implant. The groundbreaking verdict comes just over a month after Johnson & Johnson’s Ethicon unit announced that it would stop selling four of its best-selling lines of vaginal mesh products.

Specifically, the jury determined that Bard was 60% at fault for Scott’s injuries while Dr. Tillakarasi Kannappan, the surgeon who implanted the vaginal mesh in 2008, was responsible for the other 40% of the liability. In response to the verdict, Bard officials said they were disappointed with the decision and that the company will appeal the ruling.

“While we empathize with the complications suffered by the plaintiff, those complications are not the fault of any conduct by the company,” Scott Lowry, a Bard spokesman, said in an e-mailed statement. “We believe the evidence establishes that our Avaulta mesh products, cleared by the FDA, are safe and effective and provide significant benefits to patients,” Lowry said.

An August 2011 report published by the U.S. Food & Drug Administration (FDA) found that vaginal mesh devices should be classified as posing a high risk to recipients based on a comprehensive analysis of adverse event reports (AERS) submitted to the administration between January 2008 and December 2010. A number of women’s rights groups are demanding that the implants be unequivocally recalled nationwide.

In January, the FDA ordered 31 manufacturers, including Bard, Johnson & Johnson and Boston Scientific, to study rates of organ damage and other serious side effects linked to transvaginal mesh implants. The administration asked the companies to conduct 36 months of safety studies and report their findings upon completion. A large number of recipients contend that their vaginal mesh implants eroded and shrank over time, causing practically unbearable pain and other adverse complications.

The next month, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized all federal lawsuits against vaginal mesh manufacturers before Judge Joseph R. Goodwin in Charleston, West Virginia. Goodwin is overseeing pretrial processes in cases against the companies. The first trial in those cases is set to begin on Feb. 5, 2012, and involves a woman who claims that one of Bard’s Avaulta implants caused her serious injuries.

New Cases Added to Bard Transvaginal Mesh Litigation

Dec. 30, 2014 – A federal court has designated 60 Bard transvaginal mesh lawsuits as “miniwave 1” cases in the multidistrict litigation currently underway in the Southern District of West Virginia. The cases will be transferred or remanded to the appropriate federal district court after pre-trial hearings have been completed. Click here to learn more.

Do I Have a Vaginal Mesh Lawsuit?

The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in vaginal mesh lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.

Free Vaginal Mesh Lawsuit Evaluation: If you or a loved one has been injured by a vaginal mesh device, you should contact our law firm immediately. You may be entitled to compensation by filing a vaginal mesh injury suit and we can help.

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