Federal Judge Declares Mistrial in C.R. Bard Avaulta Mesh Lawsuit
The first trial for a federally-filed C.R. Bard mesh lawsuit came to an abrupt halt yesterday after the federal judge in the Southern District of West Virginia declared a mistrial due to a witness testimony, reports Businessweek.com.
According to an article published July 10th, a U.S. District Judge stopped proceedings that day after a witness began speaking about issues that had previously been deemed inadmissible.
“I don’t think it’s a bell that can be unrung,” the federal judge said of statements issued by the gynecological expert from Tampa, Fla. “It would be very difficult for the jury to disregard.”
This case, which was filed on behalf of a woman who was allegedly injured after receiving C.R. Bard Avaulta mesh implants, was the first of 3,770 vaginal mesh lawsuits to go to trial over this line of products in the federal litigation underway in West Virginia. (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, 2:10-md-02187)
According to Bloomberg.com, a mesh lawyer for Bard released the following statement in regards to the trial: “We’re disappointed the plaintiff’s witness blurted what he did and forced us to ask for a mistrial.”
Before the case was declared a mistrial, an attorney for the Plaintiff told a jury in opening statements heard July 9th that Bard officials were aware the resin used in its Avaulta mesh was not suitable for use in humans, but failed to warn patients and doctors of the safety risks before marketing them to women.
C.R. Bard may have to present arguments in this transvaginal mesh lawsuit to a new jury in the future.
In addition to claims over its Avaulta mesh products pending in the multi-district litigation underway in West Virginia, court records indicate there are at least 550 C.R. Bard mesh lawsuits filed at the state court level in a consolidated litigation established in New Jersey Superior Court.
Thousands of Transvaginal Mesh Lawsuits Await Trial in West Virginia Federal Court
Also in the Southern District of West Virginia, separate federal proceedings have been created for products manufactured by American Medical Systems, C.R. Bard, Boston Scientific and Johnson & Johnson’s Ethicon unit. Plaintiffs in these cases allege complications including mesh erosion through the vaginal epithelium, which can result in painful sexual intercourse, urinary problems, infection and recurrence of pelvic organ prolapse (POP) or stress urinary incontinence (SUI. Given these implants’ alleged potential to cause injuries, lawsuits allege they were defectively designed by the manufacturer.
Were You Injured by C.R. Bard’s Avaulta Mesh Products? File a Transvaginal Mesh Lawsuit Today.
For patients who received C.R. Bard’s line of Avaulta mesh implants and experienced complications thereafter, the time is now to state your case against the manufacturer. Contact attorneys at Bernstein Liebhard LLP to help you file a vaginal mesh lawsuit at (877) 779-1414.