According to testimony in the first federal trial over Bard vaginal mesh injuries, the jury heard evidence about how the company knew about the risk of serious and catastrophic injuries associated with the Avaulta mesh products.
This is the first federal vaginal mesh product liability lawsuit to go to trial, brought by Donna Cisson. According to Bard engineer Douglas Evans’ testimony, the mesh manufacturer knew about the risk of Bard Avaulta mesh more than 10 years ago. Thousands of women now suing the company and other mesh manufacturers for injuries from surgical repair for pelvic organ prolapse (POP) and female stress urinary incontinence (SUI), in which the mesh was implanted.
Federal MDL Consolidation and Centralization
The lawsuits are centralized as part of an MDL, or multi-district litigation, which is pending before U.S. District Judge Goodwin in the Southern District of West Virginia for coordinated pretrial proceedings.
What is the problem with Bard Avaulta Mesh?
Bard Avaulta transvaginal surgical mesh, has been linked to a risk of severe injuries caused by the mesh pushing through the vagina, causing infections and bowel perforations. The complaints allege that Bard failed to adequately warn consumers or the doctors about the risk of vaginal mesh complications.
Vaginal Mesh Lawsuits and Verdicts
Judge Goodwin also presides over six different federal MDLs (Multi-District Litigations) involving different manufacturers of transvaginal mesh. According to the U.S. Judicial Panel on Multidistrict Litigation (JPML), there are 7,200 American Medical System (AMS), 4,600 Boston Scientific, 7,100 Ethicon, 435 Coloplast bladder sling and 25 Cook Medical biologic mesh lawsuits filed in the federal court system. Additionally there are several thousand cases filed in state courts throughout the country. According to experts, the current combined filed lawsuits are in excess of 30,000 and the claims are expected to increase significantly over the coming months and years.
Through the year, additional bellwether trials are set to start involving lawsuits with vaginal mesh products made by AMS, Boston Scientific and Ethicon.
A California jury awarded $5.5 million in damages in a Bard Avaulta trial in July 2012, and a New Jersey state court jury awarded $11.1 million in a Ethicon Gynecare Prolift mesh trial in March 2013.
Shezad Malik is an Internal Medicine and Cardiology specialist, a licensed Texas Medical Doctor and Defective Medical Device and Dangerous Drug Attorney. Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others.