A West Virginia jury has awarded $2 million to a Georgia woman who sustained injuries stemming from C.R. Bard Inc.’s line of Avaulta mesh implants in the federal litigation’s first bellwether trial for a vaginal mesh lawsuit, according to Bloomberg.com.

The verdict in this case was reached on August 15th by a jury in Charleston who found Bard liable for plaintiff’s injuries caused by a product from its line of Avaulta implants, the report states. After deliberating for about 12 hours over two days, jurors awarded the woman $250,000 in compensatory damages and $1.75 million in punitive damages. During the trial for this Bard Avaulta mesh lawsuit, which resumed on July 29th after ending in a mistrial earlier that month, the Plaintiff alleged C.R. Bard’s implants caused her rectal pain, bleeding, bladder spasms and other complications that led to multiple revision surgeries.

Attorneys also argued that the plaintiff’s injuries were a result of Bard’s use of a plastic in some of its implants that was deemed unsuitable for permanent use in humans by its manufacturer, Chevron Phillips Chemical Co., which Bard officials knew about. The vaginal mesh lawsuit pointed to e-mails from Bard executives that instructed company personnel not to tell Chevron Phillips that its plastic was being used in mesh products despite the safety risks.

On the day the jury in West Virginia announced its decision, Bard continued to defend the safety of its products. In an e-mailed statement sent to Bloomberg.com, a spokesperson for Bard said, “We disagree with the verdict reached by the jury and believe there are compelling grounds for reversal. We will appeal. Our Avaulta mesh products are safe and effective medical devices, cleared by the FDA.”

C.R. Bard Faces More than 5,000 Transvaginal Mesh Lawsuits

This transvaginal mesh lawsuit is one of 5,000 claims filed in the U.S. over devices marketed by C.R. Bard, most of which are currently pending in a federal litigation underway in the U.S. District Court, Southern District of West Virginia. Hundreds of mesh cases have also been filed in a consolidated proceeding underway in New Jersey’s Atlantic County Superior Court, and similarly allege the devices were defectively manufactured by Bard, who failed to warn women of the risks associated with its line of Avaulta devices.

The next bellwether trial for the federal proceeding is scheduled to begin on August 19 in the Southern District of West Virginia.

Filing a Bard Avaulta Vaginal Mesh Lawsuit

If you suffered pain during sexual intercourse, organ damage, chronic pain or another complication after receiving a transvaginal mesh implant, contact the lawyers at Bernstein Liebhard LLP to file a claim. Call the Firm directly at (877) 779-1414.

Published August 16, 2013 by