The second federal trial of a C.R. Bard transvaginal mesh lawsuit came to an early conclusion last Wednesday, after the parties were able to reach an undisclosed settlement. According to a report from the Charleston Daily Gazette, lawyers in the case were just about to begin their opening statements when the vaginal mesh settlement was announced.
Had the case made it to a jury, it would have been the second bellwether trial in a federal multidistrict litigation established for C.R. Bard vaginal mesh lawsuits in the U.S. District Court, Southern District of West Virginia. Just a week prior, the litigation’s first bellwether trial had ended in a win for the Plaintiff, after the jury awarded her $2 million in compensatory and punitive damages for vaginal mesh complications she sustained due to C.R. Bard’s Avaulta Plus pelvic mesh device.
The woman at the center of the newly settled case had received another Avaulta device to treat pelvic organ prolapse. Her complaint alleged the company’s transvaginal mesh products were defectively designed, and caused her to suffer serious and permanent injuries.
The litigation surrounding vaginal mesh complications has been growing since 2008, when the U.S. Food & Drug Administration (FDA) issued the first of two warnings regarding the high rate of serious injuries associated with such products. Now, more than 20,000 transvaginal mesh lawsuits involving devices manufactured by C.R. Bard, American Medical Systems, Inc., Ethicon, Inc., Boston Scientific Corp., and other companies are pending in separate litigations underway in the Southern District of West Virginia. Two more bellwether trials are scheduled for C.R. Bard mesh lawsuits, while trials in other proceedings are expected to get underway late this year and early next year.
So far, plaintiffs have prevailed in every transvaginal mesh lawsuit that has gone to trial. In addition to its loss in the federal litigation’s first bellwether trial, C.R. Bard was ordered to pay the plaintiff more than $3 million in a California case involving its Avaulta Plus mesh that went to trial last year. The first Ethicon mesh lawsuit to go to trial ended in March in New Jersey Superior Court, with the jury awarding more than $11 million in compensatory and punitive damages to woman who was injured by the company’s Gynecare Prolift device.
While its track record in the litigation has left a lot to be desired thus far, it doesn’t appear that C.R. Bard is preparing to offer a global settlement of all transvaginal mesh lawsuits filed against it. “This is a large, complex litigation and Bard will consider each case based on the facts and merits,” a spokesperson said in a statement emailed to Bloomberg.com after the vaginal mesh settlement was announced. “We will continue to vigorously defend against all other lawsuits involving Avaulta.”
If you or a woman you love were harmed by a mesh product used to treat pelvic organ prolapse or stress urinary incontinence, there is still time to file a transvaginal mesh lawsuit against the maker of the device. For a free legal consultation, please contact Bernstein Liebhard LLP today, by calling .