WV Federal Court Denies Delay of C.R. Bard Vaginal Mesh Trial


According to court orders, the federal multidistrict litigation in U.S. District Court for the Southern District of West Virginia against transvaginal mesh manufacturer C.R. Bard will continue to move forward after the court denied the company’s motion to postpone the next bellwether trial after finding that Bard failed to show good cause.

Bard filed the motion to delay the bellwether scheduled for February 2015 after U.S. District Judge Joseph Goodwin made comments during a December 9th  hearing that the defense felt could have “tainted” any potential jury. During the hearing, Goodwin urged Bard to settlement claims. He said, “I can’t imagine a corporation facing potentially billions of dollars in verdicts wouldn’t find it advisable to try to achieve a settlement for a much lesser sum,” MassDevice reports.

Bard argued that because of the widespread media coverage of the comments of the court, having a fair trial would be impossible. The company said that potential jurors could determine from media reports that the court believes Bard is liable for the alleged injuries suffered by the plaintiffs; they should face billions of dollars in damages; plaintiffs should be awarded large amounts; and that Bard should settle with plaintiffs.

C.R. Bard and Other Mesh Manufacturers Facing Scores of Lawsuits

Last October, Bard settled 500 lawsuits for $21 million, but fought against plaintiffs in December when they requested that about 185 lawsuits be consolidated. The company is facing about 12,400 cases, Mass Device reported.

Court documents show that more 10,000 lawsuits are currently pending in West Virginia federal court against mesh makes like Johnson & Johnson, Endo, and Boston Scientific. Last year, a federal jury in West Virginia awarded $3.27 million to a plaintiff who claimed that mesh manufactured by Johnson & Johnson subsidiary Ethicon caused her serious side effects and substantial pain. In November a West Virginia jury awarded 4 plaintiffs $18.5 million against Boston Scientific for injuries caused by the Obtryx mesh device. The award included $4 million in damages for gross negligence.

Have You Been Injured by Transvaginal Mesh Devices

If you have been injured by a transvaginal mesh device, the vaginal mesh attorneys at Bernstein Liebhard LLP will thoroughly evaluate your case, and work with you to file a claim for financial compensation for your injuries. Women across the U.S. and other countries are filing lawsuits against vaginal mesh manufacturers for injuries they suffered after implantation, including mesh erosion, chronic pain, organ damage, pain during sexual intercourse, as well as other injuries.  For a free case evaluation, or to speak with one of our attorneys regarding transvaginal mesh injuries, call now 888-217-3033 or fill out our Free Case Evaluation form. Learn more at The Vaginal Mesh Lawsuit Center.

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