Plaintiffs involved in mesh lawsuit claims watched with bated breath in July as the first federal bellwether case over a product from C.R. Bard Inc. headed to trial in the Southern District of West Virginia, and a Pretrial Order was issued in the Ethicon mesh proceeding established at the same location.

The bellwether trial for this C.R. Bard Avaulta mesh lawsuit began on July 29th, according to court records, where jurors are currently hearing arguments brought on behalf of a woman who allegedly sustained injuries stemming from the company’s Avaulta Plus device. The jury for this case was chosen on that date as well.

Lawyers for the plaintiff are accusing C.R. Bard of knowingly using a plastic deemed unsafe for use in humans in its transvaginal mesh products, to which the company has defended their safety by pointing out that its devices were approved by the U.S. Food and Drug Administration (FDA).

Earlier in July, proceedings for this case were halted when a federal judge declared a mistrial because of a witness testimony. The witness, a gynecological expert from Florida began speaking about issues that had previously been ruled inadmissible, and it was determined that his statements would impact the jury’s decision.

“I don’t think it’s a bell that can be unrung,” the federal judge said at the time. “It would be very difficult for the jury to disregard.”

This transvaginal mesh lawsuit is the first of four bellwether cases to be heard in the litigation. In re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation (“MDL No. 2187”)

Ethicon Mesh Lawsuit Filings Top 8,400 in Federal Litigation

Also in the U.S. District Court, Southern District of West Virginia, a Pretrial Order was issued on July 26th in the federal proceeding involving mesh devices from Johnson & Johnson’s Ethicon unit. According to the order, the Court has granted Plaintiffs’ motion to compel responses to certain discovery requests. This may impact the 8,460 Ethicon mesh lawsuits that had been filed in the multidistrict litigation as of that date. (In re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation – MDL No. 2327)

At the state court level, over 4,360 Ethicon mesh cases have been filed in a multicounty litigation created in New Jersey’s Atlantic County Superior Court. Over 800 lawsuits involving C.R. Bard products are also pending in a separate proceeding overseen by the same judge.

Filing a C.R. Bard, Ethicon Mesh Lawsuit

If you suffered injuries after receiving a mesh device manufactured by C.R. Bard or Ethicon, the time is now to seek the aid of a transvaginal mesh lawyer who can help you file a claim. Call Bernstein Liebhard LLP to learn more about mesh lawsuits at (877) 779-1414.

Published July 31, 2013 by