C.R. Bard Settles Transvaginal Mesh Case Ahead of Upcoming Trial
C.R. Bard has agreed to settle a transvaginal mesh lawsuit that was scheduled to begin trial this week in the U.S. District Court, Southern District of West Virginia, where a federal multidistrict litigation (MDL) is holding thousands of similar cases, Reuters.com reports.
According to an update on February 17th, details of the agreement have not been released, but an attorney for the plaintiff has confirmed that one was reached. The case involved allegations that Bard’s Avaulta Plus Anterior Support System and Avaulta Plus Posterior Support System caused the plaintiff to experience vaginal spasms, as well as sustain damage to her ureter, vaginal and rectum. She also suffered kidney reflux, urinary tract infections, kidney stones, incontinence and other injuries, according to her mesh lawsuit.
Prior to C.R. Bard’s decision to settle, the federal judge presiding over the mesh litigation in West Virginia, where the case was directly filed by the plaintiff, ordered on February 6th that the company could not bring forth evidence during its upcoming trial that they complied with the U.S. Food and Drug Administration (FDA)’s regulations for approving medical devices. Showing that they followed the agency’s 510(k) process, which only requires a manufacturer to prove its product is substantially equivalent to another that is already on the market, does not equate to their being safe and effective, the judge decided. Bard was permitted, however, to include evidence related to claims the plaintiff filed against her surgeon, in which she mentions injuries that followed his care. This information was decidedly relevant to Bard’s defense.
West Virginia Court Housing Thousands of Mesh Lawsuits
In this transvaginal mesh lawsuit, the manufacturer was accused of negligence, failure to warn and manufacturing defects, as well as other alleged mishandlings. Court documents updated on February 17th reflect the filing of nearly 10,350 claims over the company’s products in West Virginia federal court, where similar cases involving American Medical Systems, Johnson & Johnson’s Ethicon unit, Boston Scientific Corp. and other companies are also centralized. Nearly 1,700 Bard case were also pending in a consolidated litigation underway in New Jersey’s Bergen County Superior Court earlier this month.
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