The first federal transvaginal mesh lawsuit is to go before a new jury on Monday July 29, following an earlier mistrial. This is a product liability lawsuit brought by Donna Cisson against C.R. Bard. Cisson claims that she suffered complications from Bard Avaulta mesh that was implanted transvaginally. The case will be the first out of more than 24,000 pending cases that involve transvaginal mesh products.
Judge Goodwin is currently presiding over six different federal MDLs (Multi-District Litigations) involving different manufacturers of transvaginal mesh.
According to an updated case list, there are about 3,400 Bard Avaulta mesh, 7,200 American Medical System (AMS) mesh, 4,600 Boston Scientific mesh, 7,100 Ethicon mesh, 435 Coloplast bladder sling and 25 Cook Medical biologic mesh lawsuits.
The women claim complications and injuries after transvaginal mesh for repair of pelvic organ prolapse (POP) or female stress urinary incontinence (SUI). The women allege that manufacturers sold a dangerous and defectively designed product, which may erode through the vagina, cause infections and other major side effects.
FDA 2011 Warning
The FDA warning was issued in July 2011 after thousands of women reported side effects with transvaginal mesh. The federal health regulators reported that use of vaginal mesh to repair pelvic organ prolapse provided no additional benefits over other treatment alternatives.
In 2012, the FDA sent a letter to several manufacturers, ordering that they conduct additional studies to evaluate the safety of transvaginal mesh products. Most companies decided to stop manufacturer of the products rather thhn conduct the additional trials.
Upcoming Vaginal Mesh Trials
Cisson’s case is the first of four trials involving Bard Avaulta mesh. Another series of “bellwether” trials are scheduled in December 2013, involving products manufactured by AMS, Boston Scientific and Ethicon. Positive outcome for plaintiffs may jump start negotiations by the manufacturers to settle transvaginal mesh cases.
There are also a number of complaints filed in various state courts throughout the country. Two state court cases have already gone to trial, with a California jury awarding $5.5 million in damages in July 2012, and a New Jersey jury awarding $11.1 million in damages in February 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.