Bard Hit With $5.5 M Verdict Over Avaulta Vaginal Mesh Implants

Shezad Malik MD JD

Attorney
(888) 210-9693

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As a Bard Avaulta Vaginal Mesh injury and recall attorney I am reporting this verdict against C.R. Bard, a vaginal mesh manufacturer. According to a Bakersfield, California jury, C.R. Bard Inc. must pay $5.5 million in damages involving a vaginal-mesh implant that left a woman incontinent and in chronic pain. This jury verdict, is a hammer blow to Bard, in the first case over the transvaginal mesh devices to go to trial.

Jurors on July 20 found that Christine Scott and her husband deserved the damage award because of severe injuries caused by Bard’s Avaulta Plus vaginal implant.

Scott got the implant in 2008 and then had to have as many as nine surgical procedures to deal with problems the device caused. According to the plaintiffs attorney, the jury panel found that Bard was negligent in their handling of the devices, used to treat pelvic organs prolapse (POP), and stress urinary incontinence (SUI).

FDA Classified Vaginal Mesh as High Risk

A U.S. Food and Drug Administration report in August 2011 found vaginal-mesh products should be classified as high risk to patients based on a review of side-effect reports from January 2008 to December 2010.

In January, the FDA ordered 31 manufacturers, including Bard and J&J, to study rates of organ damage and complications linked to the vaginal-mesh implants.

MDL Vaginal Mesh Consolidated Lawsuits

All federal pelvic mesh lawsuits have been consolidated with U.S. District Judge Joseph R. Goodwin in Charleston, West Virginia. The judge is overseeing evidence-gathering efforts in cases against Bard, J&J, Boston Scientific Corp. and the American Medical Systems unit of Endo Pharmaceutical Holdings Inc.

The first bellwether trial in those cases is set for Feb 5 and involves a woman’s claim that one of Bard’s Avaulta implants injured her.

More than 250 lawsuits over C.R. Bard vaginal mesh filed in federal courts throughout the United States have been consolidated before Judge Goodwin for pretrial litigation as part of an MDL.

Transvaginal Mesh Injuries

The Bard Avaulta vaginal mesh litigation continues to grow against devices for repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI).

The surgical mesh products have been linked to a risk of severe complications, including erosion of the mesh into the vagina, recurrence of urinary problems, pain and disfigurement.

The litigation initially only included Bard Avaulta mesh products, and now includes at least 29 other types of vaginal mesh made by C.R. Bard or their subsidiaries, including Pelvicol, PelviLace, PelviSoft, Pelvitex, Uretex and Align mesh.

Additionally, a number of similar complaints have been filed against Boston Scientific, American Medical Systems (AMS) and a division of Johnson & Johnson, Ethicon/Gynecare.

First of Hundreds Trans Vaginal Mesh Lawsuits

There are hundreds of lawsuits pending against Bard and other trans vaginal mesh manufacter including Boston Scientific Corp., and Johnson & Johnson's Ethicon unit. A month ago, Johnson & Johnson (JNJ)’s Ethicon unit announced it would stop selling its four lines of vaginal mesh devices.

Public awareness about the risk of vaginal mesh problems increased following an FDA warning issued in 2011 about an increasing number of adverse event reports associated with the products.

In July 2011, the FDA issued surgical mesh warning, indicating that they have been unable to find any evidence that transvaginal mesh kits used for repair of pelvic organ prolapse provide any benefit over other available means of treatment.

The case is Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield).