A federal judge overseeing more than 6,000 cases in the C.R. Bard transvaginal mesh lawsuit litigation has asked its parties to choose 200 for case specific discovery, in preparation for next year’s bellwether trials.

According to an Order on March 25, 2014, these cases will go into a pool that will be further narrowed down and chosen to serve in its second wave of bellwether trials. Depositions in these claims, which involve C.R. Bard’s pelvic mesh inserts, will be completed by October 3, 2014, according to documents in the U.S. District Court, Southern District of West Virginia, with expert discovery to be concluded by January 5, 2015. The litigation’s second wave of bellwether trials is expected to get underway at the beginning of next year, following the final trial in its first phase on May 19, 2014.

8,000 Cases Pending in Bard Vaginal Mesh Lawsuit Litigation

According to records in the Southern District of West Virginia, thousands of women who received Avaulta implants from C.R. Bard claim to have experienced chronic pain, pain during sexual intercourse, infection, mesh erosion and other complications caused by the implants. They on to allege that the company’s products were negligently designed, manufactured and tested before coming to market, at which time women were not made aware of their side effects. As a result of transvaginal mesh complications, many women were allegedly forced to undergo revision surgery to remove and replace the mesh.

When C.R. Bard argues claims over its Avaulta implants again in May, this will be the second time the company has done so at the federal court level. When the C.R. Bard litigation’s first trial ended in August 2013, a plaintiff who received a similar implant was awarded $2 million in compensatory and punitive damages. (Cisson v. C.R. Bard Inc., 11-cv-00195)

At the state court level, C.R. Bard Avaulta mesh cases are moving forward as well.  The company was ordered to pay $3.6 million of a $5.5 million damage award at a California Superior Court hearing that concluded in July 2012. In New Jersey’s Atlantic County Superior Court, a total of 1,003 Bard Avaulta mesh cases had been filed in a consolidated litigation on March 29, 2014.

Filing a Transvaginal Mesh Lawsuit

Call the attorneys at Bernstein Liebhard LLP to receive a free and confidential case evaluation of your vaginal mesh lawsuit. Contact us today at (877) 779-1414.

Published April 1, 2014 by