C.R. Bard Transvaginal Mesh Trial Scheduled for December


A federal multidistrict litigation (MDL) underway in West Virginia involving personal injury claims over C.R. Bard’s transvaginal mesh devices is prepping for the final trial in its first round of test, or bellwether, cases. That trial will begin on December 6th in U.S. District Court, Southern District of West Virginia, and will involve a C.R. Bard Avaulta mesh device.

When many people file lawsuits in federal courts alleging similar injuries and there exists common questions of fact, the cases may be consolidated in a MDL. In an MDL, such claims are transferred into one federal jurisdiction and are consolidated for pretrial proceedings. This MDL process is meant to provide more efficacious ways in which to coordinate, not only pretrial proceedings, but discovery and the use of court resources.

C.R. Bard MDLs, Bellwether Trials

During the MDL process, the presiding judge will typically designate some of the lawsuits in that MDL as bellwether trials. These initial trials are meant to help all of the involved parties understand the ways in which juries might rule in similar cases.

A number of transvaginal mesh lawsuits were chosen for the first bellwether trials in the federal C.R. Bard case. To date, only one such lawsuit has been heard by a jury in the proceeding. That case ended in August 2013 with $2 million awarded to a woman who suffered serious vaginal mesh injuries following the 2009 implantation of the Avaulta Plus device. She was awarded both punitive and compensatory damages.

The second bellwether case was resolved on the same day that the trial was set to begin. The case chosen for the third federal C.R. Bard bellwether trial was voluntarily dismissed per request of the plaintiff.

The first-ever trial of a C.R. Bard lawsuit ended in California State Court in July 2012, the jury ordering C.R. Bard to pay $2.5 million of a $3.6 million judgment awarded to another Avaulta victim.

C.R. Bard Transvaginal Mesh Injury Reports, Litigation Mounts

To date, over 30,000 transvaginal mesh lawsuits have been filed against C.R. Bard, American Medical Systems, Boston Scientific, Ethicon and other companies in the Southern District of West Virginia. An MDL has been established in the district for each of the manufacturers.

The U.S. Food and Drug Administration (FDA) issued a warning in 2011 that it had logged more than 2,800 reports of serious injuries between 2008 and 2011 that were tied to vaginal mesh. Injury reports cite erosion of mesh, bleeding, infection, pain, dyspareunia (pain during sexual intercourse), urinary problems, and perforated organs. Just prior, the agency indicated that it received 1,000 similar injury reports from 2005 through 2007. Because of this, the FDA is considering that these devices undergo increased regulatory oversight, and has requested that transvaginal mesh device makers conduct post-market studies of their products to aid in the agency’s review.

C.R. Bard decided to end sales of some of its Avaulta products in the summer 2012 in response to the FDA’s actions. However, the device maker has yet to announce a transvaginal mesh recall for any of its devices that are involved in the ongoing lawsuits.

Find Out More About Filing a Transvaginal Mesh Lawsuits

Individuals seeking to learn more about filing a transvaginal mesh lawsuit can do so by contacting Bernstein Liebhard LLP. A free, no-obligation review of your claim can be arranged today by calling (888)-217-3033.

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