Vaginal Mesh Bellwether Trial Ends in Dismissal


What was intended to be the third vaginal mesh lawsuit bellwether trial for manufacturer Bard ended with a dismissal before its scheduled October 8, 2013 start date. The plaintiffs in the trial dismissed their vaginal mesh lawsuit in late September, leading C.R. Bard to demand reimbursement for incurring over $14,000 in legal fees.

Vaginal Mesh Bellwether Trial Results in Manufacturer Seeking Attorneys’ Fees

Brought by plaintiffs Ronald and Linda Rizzo, the vaginal mesh lawsuit was part of a consolidation of cases against Bard for pretrial efficiency. The cases, pending in federal court in West Virginia, would have been the third trial behind two others that ended in either a settlement between the company and the plaintiff or in a damages award to the plaintiff.

Bard contends that the plaintiffs’ dismissal of the vaginal mesh lawsuit so close to the start date of the trial caused the manufacturer to incur excessive legal fees that it would not have faced had the proceedings ended earlier. According to court documents, the plaintiffs did not give a reason for the dismissal.

The manufacturer alleges that the plaintiffs dismissed their vaginal mesh lawsuit because they had learned that an individual whom they would rely on to be an expert witness failed to pass a board exam involving reconstructive surgery and female pelvic medicine. Bard also alleges that the plaintiffs waited a month after learning of the exam results to dismiss their suit.

Attorneys agree that preparation before trial is key, particularly in terms of potential witness testimony and discovery. Unfortunately, for some plaintiffs, that preparation may reveal that their chances of success are minimal; in these cases, dismissal may be appropriate.

Bard is among six well-known vaginal mesh manufacturers currently facing consolidated cases in federal courts. Several of these manufacturers are believed to be involved in mass settlement talks including Cook Medical, Coloplast, Boston Scientific Corp. and American Medical Systems.

Currently, according to court documents, over 30,000 lawsuits are pending in consolidations in federal courts. The settlement talks are attempting to resolve almost all of these claims; so far, in 2013, Endo has already paid over $50 million in vaginal mesh settlements.

Women are filing vaginal mesh lawsuits claiming that they have suffered severe side effects such as erosion of the device, discomfort, pain and sexual complications, according to court documents. The U.S. Food and Drug Administration (FDA) released an update on July 13, 2011 to warn consumers and healthcare professionals that serious complications associated with vaginal mesh are not rare.

Our Vaginal Mesh Attorneys Can Assist You Today

If you believe that you have a claim for a failed vaginal mesh lawsuit, the attorneys at Bernstein Liebhard LLP can help. We are representing plaintiffs across the country on a contingency fee basis; if we cannot make a recovery on your behalf, you are not obligated to pay us for the work we have done thus far. For a free case evaluation, please fill out the case evaluation form on this page or call us at 888-217-3033. You may be entitled to seek compensation from the manufacturer for your injuries, medical expenses, lost wages and pain and suffering you endured from the device.

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