Bard Settles 500 Vaginal Mesh Cases for $21 million


Vaginal mesh maker C.R. Bard has agreed to pay over $21 million to settle more than 500 cases that claimed the New Jersey company’s vaginal mesh implants injured women. The settlement was reached after U.S. District Judge Joseph Goodwin ordered Bard to prepare the cases for trial. Some of the lawsuits were consolidated to Southern West Virginia federal court, and all claimed that the mesh damaged internal organs and caused implant recipients to live in constant pain.

Bard Facing over 12,000 Vaginal Mesh Lawsuits

In a July regulatory filing to the Securities and Exchange Commission, Bard said it was facing more than 12,400 vaginal mesh lawsuits and had incurred $262.7 million in second quarter charges for the product liability suits, including $4.2 in defense costs, Bloomberg reports. In the filing, Bard said, “During the second quarter of 2014, the company reached an agreement with two plaintiffs’ law firms to settle their inventory of cases, representing more than 500 of the filed or asserted Women’s Health Product Claims, which the company believes are not the subject of its supplier’s indemnification obligation.” Bard also wrote that it expected “additional multiple trials, including a possible consolidated trial” in early 2015.

University of Richmond law professor Carl Tobias told Bloomberg “With all those trials looming, I think Bard is signaling that they are willing to settle if plaintiffs are willing to accept $40,000-plus for their cases.” Tobias said he expects to see more settlements “in the near future.”

Bard Vaginal Mesh Settlements

The $21 million settlement will provide claimants about $43,000 each to end their cases.

In July 2012, in the first state court trial, the company was ordered to pay $3.6 million to a plaintiff, a decision that Bard has appealed. Last year, the first trial in the West Virginia multidistrict litigation, the jury awarded damages in the amount of $2 million to a woman who said Bard hid the flaws of its vaginal implants. Bard wrote in the filing that intends to appeal the decision, however Bloomberg reports that Bard went on to settle the lawsuit for an unknown amount.

FDA Orders Mesh Makers to Study Complications

In 2010 alone, physicians implanted over 70,000 mesh devices in the United States. Vaginal mesh recipients claim that the mesh erodes in the body and causes organ damage, chronic pain, and makes causes pain during sexual intercourse.

In 2011, the U.S. Food and Drug Administration (FDA) ordered vaginal mesh makers, including Bard, to study the reported rates of organ damage and other serious complications after the agency received more than thousands of adverse event reports and thousands of women began filing lawsuits against the manufacturers.

While vaginal mesh devices have not been banned for use, the FDA has said vaginal mesh devices will be subjected to stricter safety requirements.

If you or your loved one has suffered organ damage, chronic pain, or other serious complications because of vaginal mesh implants, contact the experienced transvaginal mesh attorneys at Bernstein Liebhard LLP now. We offer free, confidential, and no-obligation case evaluations. Call Bernstein Liebhard now at (888) 217-3033 now to learn more about vaginal mesh complications and if you have a valid claim.

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