According to sources, C.R. Bard has agreed to settle more than 500 vaginal mesh lawsuits. Bard is exposed to thousands of mesh injury claims nationwide. There are currently about 12,500 Bard Avaulta mesh cases filed, with the majority of the lawsuits consolidated as part of a federal multidistrict litigation (MDL), which is centralized before U.S. District Judge Joseph Goodwin in the Southern District of West Virginia.
The complaints allege that women suffered severe and serious complications from transvaginal mesh implanted to repair pelvic organ prolapse (POP) or female stress urinary incontinence (SUI). Plaintiffs allege that the Bard Avaulta mesh is defective and has an unreasonable risk of eroding through the vagina, causing pelvic injuries.
Bard acknowledged that settlements were reached, resolving more than 500 cases for an undisclosed amount. According to Bard, it is continuing to engage in discussions with plaintiffs, which may result in additional case settlements.
Bard Avaulta Bellwether Trials
Federal product liability cases filed over Bard Avaulta mesh have been centralized before Judge Goodwin to reduce discovery, avoid conflicting rulings and to serve the convenience of the parties and witnesses.
In the first federal trial, Donna Cisson alleged that the design and polypropylene material used in the Bard Avaulta Plus led to erosion, and excessive vaginal nad pelvic scarring. That case ended in a jury award of $2 million, including punitive damages.
The second trial in August 2013, involved a claim filed by Wanda Queen. The parties reached a confidential agreement to settle the Bard Avaulta case during the first day of trial.
A third Bard Avaulta settlement was reached, in a case filed by Carolyn Jones, which was reached only weeks before the bellwether trial was set to begin.
Vaginal Mesh Settlements
According to the latest case list released on July 15, Judge Goodwin is currently presiding over 18,501 Ethicon mesh, 17,901 American Medical Systems (AMS) mesh, 12,199 Boston Scientific mesh, 1,506 Coloplast mesh, 213 Cook Medical mesh, and about 74 Neomedic mesh lawsuits.
Recently, a series of bellwether trials involving AMS transvaginal mesh products were cancelled, after parent company Endo Health Systems reached an agreement to pay $830 million to settle the majority of cases involving AMS mesh.
In June, it was reported that Coloplast was reaching a settlement that would resolve the 1,500 claims filed against it. The company reportedly settled about 400 cases for $16 million in March.
Shezad Malik is an Internal Medicine and Cardiology specialist, a Texas Medical Doctor (retired) 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.