Women who received transvaginal mesh products as treatment for urinary stress incontinence, pelvic organ prolapse or other procedures should be aware that the U.S. Food and Drug Administration has issued several warnings about these devices. Due to these adverse effects, many women are filing CR Bard mesh lawsuits to seek compensation for their injuries, alleging that the devices caused bleeding, infections, recurrent prolapse, erosion, pelvic pain, neuromuscular and emotional problems and vaginal scarring, among other injuries.
If you or a loved one sustained injuries, contact Bernstein Liebhard LLP today to learn more about filing a claim and recovering damages for your condition. Legal counsel is imperative as you will need someone who not only understands the sensitive nature of these complications but also someone who will be a fierce advocate for you.
CR Bard Mesh Lawsuits Pending in U.S.
As of December 16, 2013, CR Bard mesh lawsuits pertaining to the manufacturer’s Avaulta line make up about 5,500 of the 40,000 total transvaginal mesh lawsuits pending in federal court in the U.S. District Court, Southern District of West Virginia. According to a Bloomberg report published on September 30, 2013, Bard joined American Medical Systems, Cook Medical Systems, Boston Scientific and Coloplast in talks to settle tens of thousands of state and federal vaginal mesh lawsuits.
As of January 2014, CR Bard was named in over 920 lawsuits that are pending in a multicounty litigation in New Jersey’s Atlantic County Superior Court. However, due to the mounting lawsuits against the company and the FDA’s requirement for products to undergo strict testing, CR Bard has issued a transvaginal mesh recall for its Avaulta line.
Several CR Bard Settlements Reached in Bellwether Trials
The first-ever CR Bard mesh lawsuit trial ended in July 2012 in California State Court when the jury ordered the manufacturer to pay $2.5 million of a $3.6 million judgment awarded to a victim of Avaulta. Additionally, at least two Bard bellwether trials had outcomes in which the plaintiffs were awarded compensation. On August 15, 2013, a jury awarded the plaintiff with nearly $2 million in damages. One week later, the second trial resulted in a settlement outside of court for an undisclosed sum.
The third bellwether trial was scheduled to begin on January 10, 2014, but the plaintiff who filed the lawsuit was granted a continuance, and the case has been placed on hold. Court documents indicate that one of the plaintiff’s expert witnesses was unavailable for trial. However, this was to be the last in a series of vaginal mesh lawsuits for the proceeding’s first round of bellwether trials.
Plaintiffs May Be Entitled to Monetary Relief
Some plaintiffs filing transvaginal mesh lawsuits have been awarded multi-million dollar judgments at trial, including both punitive and compensatory damage awards. Punitive damages are awarded when the defendants named in the lawsuit are found guilty of gross negligence and intentional misconduct. Compensatory damages are typically awarded for losses directly related to complications or injuries, including loss of quality of life, emotional distress, permanent disability, pain and suffering, lost wages, medical bills and spousal loss of consortium.
However, in many product liability cases, plaintiffs can expect to wait an average of two years before the case is resolved. Although your lawsuit may be settled out of court, such is not always the situation and does not usually occur unless both the defendant and you have prepared for a trial.
Qualifications for Filing a CR Bard Mesh Lawsuit
Bernstein Liebhard LLP is representing victims of CR Bard mesh products who have had a transvaginal mesh implant from CR Bard’s Avaulta line inserted to treat stress urinary incontinence or pelvic organ prolapse prior to July 13, 2011 and who required subsequent removal or revision of the mesh. Additionally, if you received a diagnosis that such a procedure is necessary, you may be eligible to file a claim.
Contact Bernstein Liebhard to Learn More about Your Legal Rights
If you believe you have a valid CR Bard mesh lawsuit and you would like to know how to take the first step in recovering damages for your condition, Bernstein Liebhard LLP is here to help. We will provide you with a free, no-obligation case evaluation and help you to determine if you are eligible to seek compensation. To get started, fill out the form on this page or call us at (888) 217-3033 and one of our attorneys will be in touch.