Transvaginal Mesh Allegations Lawyer: Resource4thePeople Encouraged by $2 Million Jury Verdict in First Avaulta Case
San Diego, CA (PRWEB) November 18, 2013 -- http://www.resource4thepeople.com/defectivemedicaldevices/transvaginal-mesh-lawsuit.html
Resource4thePeople in its latest update for consumers tracking lawsuits alleging that transvaginal mesh implants have failed and caused women severe health problems and medical costs is reporting a significant positive development for plaintiffs in thousands of pending cases.
A federal judge recently upheld the verdict of a jury that heard the first federal case involving allegations involving C.R. Bard’s Avaulta transvaginal mesh and awarded $2 million in damages to a woman who claimed that she suffered serious health problems from the product, according to the court file in the case.*
“This is a significant ruling and upholds the finding of the jury involving serious allegations about the safety of transvaginal mesh, which has been implanted in tens of thousands of American women to treat pelvic organ prolapse, incontinence and other health problems,” said Resource4thePeople.
“Evidence in this case of the woman’s severe pain and the erosion and extrusion of the device mirrors the allegations in thousands of other mesh lawsuits that are pending and we view the verdict for the plaintiff as a positive development for other cases still to be heard.”
Resource4thePeople also is informing consumers that even though court officials report that tens of thousands of lawsuits remain in a consolidated federal litigation** its lawyers are still offering free consultations to women affected by these allegations and is continuing to review new claims.
“As of the latest reporting period ending Oct. 17, 2013** there are now over 33,350 transvaginal mesh lawsuits in this multidistrict litigation involving allegations against such manufacturers as Boston Scientific, C.R. Bard, Endo Health Solutions and Ethicon” said Resource4thePeople.
The $2 million in damages was awarded to a Georgia nurse who claimed that a Bard Avaulta Plus mesh implant she had in 2009 was defective and caused her to suffer serious health problems, including several corrective surgeries, according to the court file.
The jury awarded the woman $250,000 in compensatory damages and $1.75 million in punitive damages, awards that were recently upheld by U.S. District judge Joseph Goodwin, who is overseeing the multidistrict litigation in the Southern District of West Virginia.
“There is evidence to suggest that Bard understood the dangers of using polypropylene for tissue repair, including a higher risk of erosion and infection; a greater amount of scar tissues formation around the mesh; and a tendency to unravel, creating a sharp fishing line effect, which can slice through patient’s tissue,” the judge wrote in his ruling upholding the verdict.
Judge Goodwin also has posted an order in which he has schedule trial dates for two bellwether cases involving Boston Scientific mesh products, according to the court file*** in the litigation.
The judge has ordered lawyers to complete their pre-trial evidence gathering by Jan. 20, 2014 and set trial dates for March 10 and July 14, 2013, according to the court file.
“We are encouraged that these cases will be going to trial soon and a jury will able to hear the evidence involving allegations of transvaginal mesh failure and decide these cases on the facts presented to them,” said Resource4thePeople.
The lawsuits involve allegations that mesh products that were implanted in women’s bodies to treat pelvic organ prolapse or incontinence failed and caused them to suffer serious side effects, including infections, organ damage, vaginal pain and other health problems, according to the court files.
Resource4thePeople is also informing consumers that Bloomberg News has reported in a Sept. 30, 2013 posting**** that settlement discussions are underway involving manufacturers C.R. Bard, Endo Health Solutions, Boston Scientific and two other companies.
"Lawyers for Bard, Endo Health Solutions Inc., Boston Scientific Corp. and two other companies making vaginal inserts to support women’s pelvic muscles and treat incontinence have begun talks about settling all suits over their products, the people familiar with the matter said," according to the report. “Johnson & Johnson, which also faces suits over the inserts, isn’t involved in the talks, said the people, who asked not to be identified because they weren’t authorized to speak publicly."
Resource4thePeople supports settlement talks as a positive step in the interests of consumers who may have been affected by these allegations.
"When lawsuits are filed there are always the possibilities of settlements being reached before cases go to trial, which spares both sides the possibility of lengthy litigation over these claims," said Resource4thePeople.
"We encourage these talks and also are maintaining our commitment to provide complimentary consultations to other consumers who may have been affected by transvaginal mesh side effects and are seeking information about the legal rights they may have to seek compensation."
Bloomberg in its report quoted Judge Goodwin as telling the attorneys:
“I know you all are considering settlement protocols and the possibility of resolutions,” Goodwin said at a Sept. 18 court hearing. He noted the talks were going on “behind the scenes.”
Resource4thePeople provides this outline of the major transvaginal mesh lawsuits against medical device companies that have been consolidated and remain under the jurisdiction of Judge Goodwin:
In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL-2325)
In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL-2326)
In re: C. R. Bard, Inc. Pelvic System Products Liability Litigation (MDL-2187)
In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL-2327)
Sources:
*Cisson v. C.R. Bard, Inc., 2:11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston)
**http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-October-17-2013.pdf
*** In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL-2326)
****http://www.bloomberg.com/news/2013-09-30/bard-vaginal-mesh-makers-said-to-be-in-settlement-talks.html
Bill Callahan, iLawSuit, +1 858 602-2749, [email protected]
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