Vaginal Mesh Lawsuits Move Forward against C.R. Bard, as Federal Judge Approves Evidence Preservation Protocol for Bellwether Cases, Bernstein Liebhard LLP Reports

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The Firm is representing numerous women in transvaginal mesh lawsuits that have been filed against C.R. Bard, Inc. and other medical device manufacturers.

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We are closely monitoring this proceeding, as we are representing numerous women who allegedly suffered serious transvaginal mesh complications due to products manufactured by C.R. Bard.

The judge overseeing thousands of vaginal mesh lawsuits ( ) in the U.S. District Court, Southern District of West Virginia, has approved new protocols for the preservation of evidence in the multidistrict litigation involving C.R. Bard, Inc. According to an Order dated April 22, 2014, the protocol will apply to the collection, division, storage, preservation, and production of biomaterials evidence collected in relation to all current and future vaginal mesh lawsuits selected as potential bellwether cases. (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, MDL No. 2187)

“We are closely monitoring this proceeding, as we are representing numerous women who allegedly suffered serious transvaginal mesh complications due to products manufactured by C.R. Bard,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm continues to offer free legal evaluations to women who allegedly suffered mesh erosion, chronic pain, infections, and other complications following implantation of devices manufactured by C.R. Bard, Inc., as well as American Medical Systems, Inc., Ethicon, Inc. and Boston Scientific Corp.

Transvaginal Mesh Lawsuits
Court documents indicate that C.R. Bard is named a defendant in more than 8,200 vaginal mesh lawsuits that have been filed in the Southern District of West Virginia. Bernstein Liebhard partner, Jeffrey S. Grand, is a member of the Plaintiffs' Steering Committee in the federal litigation. All of the claims pending in this proceeding allege that the company’s pelvic mesh products used in the treatment of pelvic organ prolapse and stress urinary incontinence caused women to suffer chronic pain and other serious transvaginal mesh complications.

According to court records, some cases involving C.R. Bard have already gone to trial in federal and state proceedings. The federal litigation’s first bellwether trial concluded in August, and resulted in an award of $2 million in compensatory and punitive damages to a woman injured by one of the company’s Avaulta implants. (Cisson v. C.R. Bard Inc., 11-cv-00195)

An Avaulta mesh trial concluded in state court in July 2012. According to court documents, the California Superior Court jury hearing the case ordered C.B. Bard to pay $3.6 million of a $5.5 million judgment awarded to the victim of vaginal mesh complications caused by Avaulta pelvic mesh. The woman’s physician was ordered to pay the remaining portion of the judgment. (Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield))

According to court documents, at least 50,000 vaginal mesh lawsuits have been filed in the Southern District of West Virginia against a number of pelvic mesh manufacturers. Bernstein Liebhard LLP partner, Jeffrey S. Grand, is also serving on the Plaintiffs’ Steering Committees for the following federal litigations: In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation - MDL No. 2325; In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326; and In re: Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation - MDL No. 2327.

Mr. Grand was also named Co-Liaison Counsel in two consolidated proceedings established for C.R. Bard and Ethicon mesh lawsuits in New Jersey’s Atlantic Superior Court. He was also a member of the trial team on the first Ethicon trial, which ended in March 2013 with an $11 million verdict for the Plaintiff. (In re: Pelvic Mesh/Gynecare Litigation, No. 6341-10; In re: Pelvic Mesh Litigation/Bard, No. L-6339-10).

Alleged victims of serious vaginal mesh complications may be entitled to compensation from the manufacturer of the device for their injury-related damages. Learn more about the litigation involving transvaginal mesh at Bernstein Liebhard LLP's website or the Firm's Facebook page: To obtain a free, confidential and no-obligation case review, please call 800-511-5092.

Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.

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ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info (at)consumerinjurylawyers(dot)com

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