C.R. Bard Transvaginal Mesh
In 2012, C.R. Bard lost the first vaginal mesh implant case to be decided by a jury in the nation. A Bakersfield jury awarded $5 million to a woman who had Avaulta Mesh implanted because of a leaky bladder. The mesh caused serious complications, including cutting into her colon, and multiple surgeries were required. Her husband was awarded an additional $500,000 in compensation because the mesh problems interfered with the couple’s love life. C.R. bard agreed to pay $3.6 million of the judgment.
C.R. Bard’s Avaulta Mesh product was sold in the United States until July 2012. In addition to the Avaulta, C.R. Bard also manufactures other vaginal mesh products including the Pelvilace, Pelvitez, Pelvisoft BioMesh, Pelivicol Acellular, and the Collagen Matrix. C.R. Bard’s vaginal mesh products were approved and sold with minimal testing under the Food and Drug Administration’s (FDA’s) 501(K) clearance program. The Bakersfield plaintiff claimed that C.R. Bard had tested its mesh products on just “16 rats, 12 rabbits, (and) four sheep,” prior to the release of the vaginal mesh.
The Bakersfield lawsuit was far from the last litigation that the company faces because of vaginal mesh complications. There are more than 6,200 federal lawsuits against C.R. Bard that have been consolidated into a multidistrict litigation (MDL) in West Virginia. State cases are also pending including a multi-county case in New Jersey involving 940 plaintiffs harmed by Avaulta. Victims should consult with the Law Offices of Jeffrey S. Glassman for assistance if they are experiencing vaginal mesh complications.C.R. Bard Transvaginal Mesh Litigation
Multidistrict litigation not only allows one judge to decide common issues but also paves the way for bellwether trials. Bellwether trials allow a representative plaintiff and defendant to present their case to a jury. The outcome of the case can help to shape settlement negotiations.
In the first of its four bellwether trials in West Virginia, C.R. Bard paid the plaintiff $2 million including punitive damages for failure to warn of the side effects of Avaulta transvaginal mesh products. A second bellwether trial resulted in a settlement agreement on the first day of the trial, and the third case was voluntarily dismissed by the plaintiff. The fourth bellwether case was scheduled for January 2014 but was postponed.
Plaintiffs may experience a number of complications from C.R. Bard’s mesh products including perforation of organs, vaginal bleeding, discomfort, pain during sex, and protrusion of the mesh through the vaginal wall. The Food and Drug Administration has warned that complications are not rare and estimates that as many as 10 percent of women who undergo surgery with mesh products will suffer complications from mesh erosion within one year of the procedure.
Plaintiffs allege that C.R. Bard failed to provide adequate warnings of the risks associated with its mesh products, in addition to claims of defective design. Patients may recover compensation for losses caused by C.R. bard mesh products by pursuing state court claims or becoming a part of the multidistrict litigation. An attorney at the Law Offices of Jeffrey S. Glassman can represent affected patients in vaginal mesh litigation.