To help predict how future juries will respond to the factually similar transvaginal mesh lawsuits filed against medical device manufacturer C.R. Bard, Chief Judge Joseph R. Goodwin, who is overseeing the federal multidistrict litigation involving transvaginal mesh implants, issued a scheduling order for the second group of “bellwether cases” to go to trial.  Jury trials for this second group are slated to begin in June 2013.  The first group of bellwether cases in the federal multidistrict litigation against C.R. Bard will begin on February 5, 2013.

These cases, which were brought by women who have experienced severe side effects as a result of being implanted with transvaginal mesh, a medical device used to treat stress urinary incontinence (“SUI”) and pelvic organ prolapse (“POP”), will serve as an indicator as to how juries are expected to decide the outcome of future cases, which share similar factual circumstances. For example, some of the most common side effects associated with transvaginal mesh that have been reported to the U.S. Food and Drug Administration (“FDA”) include:

  • mesh erosion;
  • painful sexual intercourse; and
  • bleeding and scarring.

The agency has also received reports of organ perforation, a condition that occurs when edges of the pelvic mesh puncture the vagina and surrounding organs such as the bladder, colon, urethra and bowel.

Given that C.R. Bard is defending numerous lawsuits filed by plaintiffs who have sustained one or more of the above injuries, these initial trials should serve as a predictor as to whether juries will hold the manufacturer liable for injuries alleged by other plaintiffs.

Various court actions have also been filed against C.R. Bard at the state court level. In July 2012, one transvaginal mesh lawsuit against the company went to trial, and the jury reached a verdict, holding the company liable for injuries caused by its Avaulta Plus mesh. Specifically, C.R. Bard was ordered to pay $3.6 million to a California woman who suffered irreversible injuries after she had been implanted with the company’s Avaulta Plus mesh. The plaintiff, Christine Scott, said the material had cut a hole in her colon and caused tissue to grow through the holes in the mesh. That same month, C.R. Bard recalled its Avaulta Plus mesh.

C.R. Bard is just one of many transvaginal mesh manufacturers defending lawsuits over the defective medical devices.  In addition to those against C.R. Bard, hundreds of people have filed lawsuits against transvaginal mesh manufacturers including:  American Medical Systems, Boston Scientific and Johnson & Johnson subsidiary, Ethicon.

If you developed injuries caused by transvaginal mesh, protect your legal rights.  You may be eligible to pursue a lawsuit.  The lawyers at Bernstein Liebhard LLP may be able to help you seek compensation for medical expenses, pain and suffering, lost wages and more. Peruse our website to learn more about transvaginal mesh lawsuits or contact our attorneys today for a free and confidential case evaluation at (877) 779-1414.

Published September 10, 2012 by