Closing Arguments Heard this Week in First Federal Trial for C.R. Bard Vaginal Mesh Lawsuit
Officials for C.R. Bard Inc. knowingly used a plastic considered unsuitable for human use when manufacturing some of its transvaginal mesh implants, attorneys argued this week in a federal litigation’s first bellwether trial for a vaginal mesh lawsuit, Bloomberg.com reports.
According to an article posted August 13th, closing arguments for the C.R. Bard Avaulta mesh case began on that date in the U.S. District Court, Southern District of West Virginia. There, lawyers for the plaintiff told jurors that the company was aware of a manufacturer warning from Chevron Phillips Chemical Co. that stated its plastic should not be permanently implanted in humans, but made devices from its line of Avaulta implants with it anyway.
E-mails from C.R. Bard officials instructing executives not to tell Chevron Phillips that its plastic was being used in transvaginal mesh implants were also used as evidence in this case. “Bad ideas hurt good people and that’s what happened here,” the plaintiff’s attorney said.
Additionally, C.R. Bard ignored safety research linking the material to infection and mesh erosion in order to further generate sales of its product and animal testing was used to determine whether the vaginal mesh device would be safe on patients, according to claims.
“We’ve got a company here that steamrolled through safety principles,” the attorney said in closing arguments.
The trial for this vaginal mesh lawsuit, which was filed on behalf of a woman who allegedly suffered pelvic and rectal pain, bleeding, bladder spasms and other injuries after receiving a device from C.R. Bard’s line of Avaulta implants in 2009, resumed on July 29 after being declared a mistrial by the federal judge overseeing proceedings.
Transvaginal Mesh Lawsuit First of 4,550 to Head to Trial in Federal C.R. Bard Mesh Litigation
Meanwhile, at least 4,550 vaginal lawsuits involving the company’s products had been filed in the federal proceeding underway in the Southern District of West Virginia as of July 2013. Hundreds of claims are also pending in a consolidated litigation established in New Jersey’s Atlantic County Superior Court. All of these cases allege C.R. Bard Inc. defectively designed its vaginal mesh implants, and failed to warn women of their potential to cause side effects. According to Bloomberg.com, women also claim to have suffered pain during sexual intercourse, organ damage and other complications that may create the need for revision surgery to remove the implants.
Deliberations for this vaginal mesh lawsuit trial from a four-woman, four-man jury were scheduled to begin August 14th, the article stated.
Join Thousands of Women Who Have Filed Vaginal Mesh Lawsuits
If you were injured as a result of a transvaginal mesh implant, contact an attorney at Bernstein Liebhard LLP to help you file a claim. Contact the Firm directly at (877) 779-1414 for more information about your legal rights.