The third bellwether trial in a federal Bard Avaulta transvaginal mesh lawsuit litigation was put on hold indefinitely last week after an expert witness for the Plaintiff became unavailable to testify in court.

According to court documents, this case had been chosen as the last in a series of trials involving C.R. Bard’s line of Avaulta pelvic mesh implants, which have been associated with such complications as mesh erosion, chronic vaginal pain and organ damage in lawsuits filed in the U.S. District Court, Southern District of West Virginia. Two days before its court hearing on January 10th, attorneys for the plaintiff filed a Motion for Continuance to delay the case on the grounds that their key witness was no longer able to attend the trial because his wife had been hospitalized. If the case was required to go forward without him, their counsel would face “insurmountable prejudice,” the January 8th motion states.

“Plaintiff and her counsel have been diligent in preparing this case for trial, and were present and ready for trial in Charleston, West Virginia when they received urgent news from one of their primary witnesses in the case,” states the motion filed January 8th.

The federal judge overseeing the proceeding granted the request in an Order issued the same day, which indicated that the case would be rescheduled for a later date.

Vaginal Mesh Lawsuits Continue to Be Filed in Federal Litigation

This case is one of more than 6,200 lawsuits involving Bard’s line of Avaulta mesh devices in West Virginia federal court, where several other federal multidistrict litigations are also underway. Created for claims involving the Johnson & Johnson subsidiary, Ethicon, Inc., as well as American Medical Systems, Inc. and Boston Scientific, Corp., it is estimated that between these proceedings, some 40,000 cases have been filed by women allegedly injured by the devices. These cases similarly accuse transvaginal mesh manufacturers of failing to adequately warn consumers about the side effects associated with their products, which were designed defectively given their potential to cause potentially serious and life-altering complications.

In addition to Bard mesh lawsuits filed in federal court, court documents from January 2014 show that 924 cases against the company are now pending in a multicounty proceeding established in New Jersey’s Atlantic County Superior Court.

Were You Injured by Transvaginal Mesh? Call Us Today.

If you received a pelvic mesh implant and experienced the above transvaginal mesh complications, you may be eligible to file a claim. Call our Firm at (877) 779-1414 to learn more.

Published January 13, 2014 by