St. Louis, Missouri (PRWEB) August 23, 2013
Last week, a jury awarded $2 million in damages to Donna Cisson for injuries she suffered from an Avaulta Plus™ pelvic mesh device manufactured by C.R. Bard. Ms. Cisson’s case was the first case tried in the federal Multidistrict Litigation pending against C. R. Bard, In re: C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation (MDL 2187, Case No. 10-md-2187) before The Honorable Judge Joseph R. Goodwin. Donna Cisson was implanted with the Avaulta Plus™ pelvic mesh device in 2009. Ms. Cisson alleged in her lawsuit that the pelvic mesh product caused her pain, bleeding and bladder spasms and led to additional surgeries. The jury determined that Ms. Cisson presented sufficient evidence to prove the Avaulta Plus™ pelvic mesh device was defectively designed and the manufacturer, C.R. Bard, failed to properly warn of the defect. After a twelve day trial, the jury ordered that C.R. Bard pay $250,000 in compensatory damages and $1.75 million in punitive damages (Cisson v. C.R. Bard Inc., Case No. 2:11-cv-00195). Donna Cisson’s case was filed in the Southern District of West Virginia, where there are still thousands of similar cases on file.
The second case against C.R. Bard was scheduled to begin this week involving Wanda Queen, a resident of North Carolina, who alleges that her transvaginal mesh device caused her permanent pain and injury, while forcing her to undergo six surgeries in an attempt to correct the problems caused by the Avaulta Plus™ pelvic mesh device. (Queen v. C.R. Bard Inc., Case No. 11-cv-00012). However, Judge Joseph R. Goodwin, the judge presiding over this case and the Multidistrict Litigation, was notified that a settlement has been reached against C.R. Bard in Ms. Queen’s case. Neither the settlement amount nor the terms of the settlement have been made public. A Bard spokesperson said that the settlement in Ms. Queen’s case was not part of a potential resolution of thousands of other C.R. Bard cases that remain pending. There are now two additional cases set for trial in the upcoming months against manufacturer C.R. Bard.
The results of the first two trials against C.R. Bard do not guarantee a favorable recovery or settlement for other cases currently pending against C.R. Bard or another pelvic mesh manufacturer. Bloomberg reports that Scott Lowry, a spokesman for C.R. Bard, said in an e-mailed statement, “This is a large, complex litigation and Bard will consider each case based on the facts and merits…We will continue to vigorously defend against all other lawsuits involving Avaulta.”
In addition to the 4,300 cases pending against C.R. Bard, there are five other Multidistrict Litigations against other transvaginal mesh product manufacturers, totaling over 29,000 cases. These other Multidistrict Litigations are currently pending in the Southern District of West Virginia before The Honorable Judge Joseph Goodwin and involve other manufacturers, including American Medical Systems (In re: American Medical Systems, Pelvic Repair System Products Liability Litigation, MDL 2325, Case No. 12-md-2325), Boston Scientific (In re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation, MDL 2326, Case No. 12-md-2326), Ethicon (In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL 2327, Case No. 12-md-2327), Coloplast (In re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation, MDL 2387, Case No. 12-md-2387) and Cook Medical (In re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation, MDL 2440, Case No. 13-md-2436). These federal cases involve women who have had transvaginal mesh products implanted and subsequently suffered from erosion, perforation, pelvic or vaginal pain, dyspareunia, infection, urinary or bowel problems and neuromuscular problems. In many cases, multiple revision or corrective surgeries have been necessary. According to The Charleston Gazette, the United States Food and Drug Administration (FDA) estimates that 300,000 women had pelvic organ prolapse surgery in 2010 and that transvaginal mesh was used in one third of those procedures.
About Schlichter, Bogard & Denton, LLP
Schlichter, Bogard & Denton, LLP is a unique law firm that aggressively represents its clients injured as a result of dangerous pharmaceutical medications and unsafe medical devices. Our attorneys are dedicated to helping injured victims obtain the maximum compensation they deserve for the injuries they have suffered. With hard work, creative thinking, and strong trial skills, we have earned an outstanding nationwide reputation by representing thousands of individuals who have suffered serious injuries. If you or a loved one has suffered from complications arising from the placement of a transvaginal mesh product, please contact us toll-free at 1-800-873-5297 for your confidential and free consultation.
The choice of a lawyer is an important decision and should not be based solely on advertisements. The cases discussed do not guarantee and/or predict outcomes in future cases.