Third Trial in Federal Bard Transvaginal Mesh Lawsuit Litigation Scheduled for May
The third trial in a federal Bard transvaginal mesh lawsuit litigation’s bellwether series is slated to begin on May 19th, marking the completion of its first phase.
According to documents in the U.S. District Court, Southern District of West Virginia, the May trial involves a case that was originally scheduled to be heard in November 2013, and then again in January 2014 before it was further delayed due to an expert witness’ inability to appear in court because of a family illness.
Parties in the federal C.R. Bard litigation are now starting the process of selecting cases for a second wave of trials involving its line of Avaulta mesh products. According to a Pretrial Order on March 25, a total of 200 cases will soon go through case-specific discovery, with trials slated to begin in early 2015. These lawsuits similarly allege mesh erosion, vaginal scarring, chronic pain, pain during sexual intercourse and other injuries stemming from use of the implants, which plaintiffs say they were not adequately warned about prior to insertion. A Case List updated on March 13th by the U.S. Judicial Panel on Multidistrict Litigation (JPML) indicates that 1,167 federal mesh lawsuits are now pending in the Bard Avaulta litigation.
Upcoming Mesh Lawsuit Trial Follows $2 Million Damage Award in July 2013
Preceding the May trial is a case that ended in July 2013 with a victory for the plaintiff after it was found that C.R. Bard failed to adequately warn about the dangers that may stem from use of vaginal implants that are designed to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP). The company was ordered to pay the woman in this case a total of $2 million in damages.
A month later, the second Bard Avaulta mesh trial in the series ended on its first day when a settlement was reached between the parties. The details of the August 2013 settlement were not disclosed.
Adding to more than a thousand C.R. Bard transvaginal mesh lawsuits pending in the Southern District of West Virginia are hundreds of additional cases filed at the state court level. A Case List updated March 22nd in New Jersey’s Bergen County Superior Court shows 998 cases consolidated in the proceeding.
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