As First Federal Court Mesh Trial Results in $2M Verdict, Morgan & Morgan Continues to Review Claims on Behalf of Vaginal Mesh Patients

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The attorneys at Morgan & Morgan provide insight into the recent $2 million jury award returned in the first vaginal mesh case to reach trial in federal court. The firm continues to investigate potential lawsuits on behalf of patients who were implanted with vaginal mesh products and is offering free consultations on its website at ForThePeople.com.

I hope women whose cases have not yet been resolved find some comfort in this result as the litigation moves forward.

As litigation against a number of mesh manufacturers moves forward, the attorneys at Morgan & Morgan continue to investigate potential lawsuits on behalf of women implanted with transvaginal mesh products. On Aug. 15, a federal jury in West Virginia returned a $2 million verdict* for a woman who claimed she was injured as a result of a vaginal mesh product manufactured by C.R. Bard, a Bloomberg News article reports.** According to court documents, the jury awarded $250,000 in compensatory damages and $1.75 million in punitive damages in the first vaginal mesh case to go to trial in federal court.

“Punitive damages are only awarded in cases where the jury finds that the defendant engaged in willful or wanton misconduct or with a conscious indifference to the consequences of their actions,” said Michael Goetz, head of Morgan & Morgan’s mass tort section. “While compensatory damages cover the actual harm incurred by the plaintiff, such as the cost of medical bills, the purpose of punitive damages is to punish the defendant and deter similar behavior in the future. I think this makes a statement to Bard and other medical device makers that they cannot recklessly disregard patients’ safety when creating their products.”

The plaintiff, Donna Cisson, was implanted with C.R. Bard’s Avaulta Plus Posterior BioSynthetic Support System in 2009 to treat pelvic organ prolapse. According to court documents, she experienced pain, bleeding and bladder spams following implantation, and underwent multiple surgeries to remove the device.

After hours of deliberation, the jury found that C.R. Bard was liable for Cisson’s injuries, holding that the plaintiff successfully proved her failure-to-warn and design defect claims, Bloomberg reports. Cisson is one of thousands of women whose lawsuits are part of federal multidistrict litigation (MDL) currently underway in West Virginia.*** Her case, originally filed in Georgia, was sent to the MDL and was eventually selected as a bellwether case, according to court records.
On Aug. 19, the second bellwether trial over C.R. Bard’s Avaulta Plus vaginal mesh products is set to begin, according to Bloomberg.

“Bellwether trials provide a glimpse into the potential outcome of these cases,” Mr. Goetz said. “I hope women whose cases have not yet been resolved find some comfort in this result as the litigation moves forward.”

Morgan & Morgan continues to offer free consultations to women who were implanted with vaginal mesh products in the repair of pelvic organ prolapse or stress urinary incontinence. For more information, please visit http://www.forthepeople.com/class-action-lawyers/vaginal-mesh-lawsuits today.

About Morgan & Morgan

Morgan & Morgan is one of the largest exclusively plaintiffs’ law firms in the country with 15 offices throughout Florida, Georgia, Mississippi, Tennessee, and New York. The firm handles cases nationally involving personal injury, medical malpractice, consumer class action, and securities fraud, as well as complex litigation against drug and medical device manufacturers. Visit Morgan & Morgan online at http://www.forthepeople.com/ for a free case evaluation and information about your legal rights.

*Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston)

**nj.com/business/index.ssf/2013/08/jury_orders_cr_bard_to_pay_2_m.html
***In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, 10-md-02187

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Michael Goetz