Although transvaginal mesh is designed to help women suffering from stress urinary incontinence and pelvic organ prolapse, patients across the country are filing lawsuits against nine manufacturers of these devices after allegedly experiencing adverse and life-threatening complications such as mesh erosion, pain, bleeding, infections and other side effects.Several manufacturers involved in the current litigation proceedings are reportedly settling lawsuits surrounding their products. For instance, CR Bard mesh settlements have been reached pertaining to the company’s Avaulta line as two out of the three bellwether trials in the litigation have resulted in awards for the plaintiffs.
Bernstein Liebhard LLP is currently providing free case evaluations to women who feel as though they are suffering from injuries due to a transvaginal mesh implant. To learn more about your legal rights, contact one of our experienced attorneys today.
CR Bard Mesh Settlements Reached
In July 2012 in California state court, CR Bard was involved in a $5.5 million settlement after it was determined that the manufacturer’s Avaulta Plus transvaginal mesh device injured a plaintiff. This was the first case over these implants to go to trial.
Of the three previous CR Bard mesh bellwether trials, two had outcomes in which the plaintiff received compensation. On August 15, 2013, the first bellwether trial ended with a $2 million award to the plaintiff, and the second trial was settled in favor of the plaintiff outside of the court just one week later. Court documents indicate that a third trial was canceled when the plaintiff dismissed her claim.
The fourth bellwether trial was postponed to January 10, 2014, one month after it was initially scheduled to begin. Although postponing a trial is not rare, particularly at the end of the calendar year as there is a great deal of pretrial preparation that takes place and sometimes, that can take extra time, this particular trial has since been postponed after the plaintiff was granted a continuance.
Transvaginal Mesh Litigation Continues
Over 40,000 transvaginal mesh lawsuit claims are pending in the U.S. District Court, Southern District of West Virginia. Of these, CR Bard’s Avaulta mesh implants make up 5,500 cases. Additionally, court documents indicate that CR Bard was named as a defendant in over 900 claims that are currently in progress in New Jersey’s Atlantic County Superior Court.
Allegations in the pending transvaginal mesh lawsuits include claims that CR Bard’s devices caused adverse complications such as:
- Mesh erosion through vaginal tissues
- Recurrence of incontinence and/or prolapse
- Urinary problems
- Vaginal scarring
- Organ perforation
- Pain during intercourse
- Neuromuscular problems
- Emotional problems
- Chronic discharge
- Shrinkage or contraction of mesh
- Tissue or blood vessel damage
Additionally, several lawsuits claim that numerous transvaginal mesh products were wrongfully placed on the market as they had been approved by the FDA under its 510(k) procedure. This process does not require a manufacturer to conduct testing of its products if it can be proven that the devices are substantially equivalent to another already on the market.
Am I Eligible to File a Claim?
Women across the U.S. are filing lawsuits in an effort to seek monetary compensation for injuries sustained due to allegedly defective transvaginal mesh implants. The attorneys at Bernstein Liebhard are currently providing free, no-obligation case evaluations to victims who feel as though they are entitled to recover damages.
If you were fitted with a transvaginal mesh product from the Avaulta line manufactured by CR Bard and the implant was designed to treat stress urinary incontinence or pelvic organ prolapse, you may have a valid claim. However, you must have been fitted with the device prior to July 13, 2011 and either underwent a revision or removal procedure or received a diagnosis from your healthcare provider that you require such a surgery.
Victims Should Retain Legal Counsel to Recover Damages for Their Injuries
If you would like to learn more about recent CR Bard mesh settlements or if you feel as though you have a valid claim, contact the attorneys at Bernstein Liebhard LLP by filling out the form on this page or by calling us at (888) 217-3033 for more information. In light of the recent litigation proceedings surrounding CR Bard, our firm is offering free, no-obligation case reviews to determine whether plaintiffs are eligible to seek compensation for their injuries and hold the manufacturer accountable for damages incurred as a result of its allegedly defective transvaginal mesh products.