The first trial for a federally-filed C.R. Bard mesh lawsuit is slated to begin today in the Southern District of West Virginia, where a jury will hear arguments from a public health nurse in Georgia who was allegedly injured by the company’s Avaulta Plus device, according to court records.

This bellwether trial, which has been scheduled for Monday, July 29th, is the first in the multidistrict litigations currently underway in the U.S. District Court, Southern District of West Virginia over products marketed by C.R. Bard and other companies. The plaintiff in this case was allegedly forced to undergo several corrective surgeries to repair the damages caused by an allegedly defective mesh implant she received in 2009.

Vaginal Mesh Lawsuit Trial First of 4,550 Alleging Injuries Caused By C.R. Bard Devices

Proceedings for this Bard Avaulta mesh lawsuit began earlier in July, but the trial was declared a mistrial because of a witness testimony. At the time, the federal judge said the witness’ statements about issues that had previously been ruled inadmissible “would be very difficult for the jury to disregard,” BloombergBusinessweek.com reported.

In opening statements for that trial, transvaginal mesh lawyers for the plaintiff alleged C.R. Bard was aware that a plastic used in its vaginal mesh implants was deemed unsuitable for use in humans by the manufacturer, but failed to warn women and doctors about the risks.

Court documents indicate that C.R. Bard is facing over 4,550 transvaginal mesh lawsuits in the federal proceeding alleging complications from its Avaulta mesh devices. (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, MDL No. 2187)

Approximately 20,000 similar complaints over mesh implants have been filed at the federal level against C.R. Bard and other companies including American Medical Systems, Johnson & Johnson’s Ethicon unit and Boston Scientific.  These cases are pending in separate proceedings located in the Southern District of West Virginia. These multi-district litigations include:  In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation – MDL No. 2325; In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation – MDL No. 2326; and In re: Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation – MDL No. 2327.

Filing a C.R. Bard Avaulta Mesh Lawsuit

If you received an implant from C.R. Bard’s line of Avaulta mesh devices, contact an attorney at Bernstein Liebhard LLP to find out more about filing a claim. Call the Firm at (877) 779-1414.

Published July 29, 2013 by