This verdict is consistent with other recent verdicts against Bard and Ethicon and supports what plaintiffs have maintained all along—these are defective products that never should have been released on the market . . .
New York, New York (PRWEB) August 16, 2013
The first federal bellwether trial of a C.R. Bard vaginal mesh lawsuit (http://www.vaginalmeshlawsuit2015.com/) has ended with a verdict in favor of the Plaintiff, Bernstein Liebhard LLP reports. According to Bloomberg News it took a jury of four men and four women just 12 hours to determine that C.R. Bard, Inc. was liable for the transvaginal mesh complications experienced by a woman who received the company’s Avaulta Plus pelvic mesh device to treat pelvic organ prolapse.* According to court documents, the Panel awarded the Plaintiff $250,000 in compensatory damages, along with $1.75 million in punitive damages. (Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston))
“This verdict is consistent with other recent verdicts against Bard and Ethicon and supports what plaintiffs have maintained all along—these are defective products that never should have been released on the market and at a minimum should have included adequate warnings to doctors and patients of the risk of permanent injury,” says Bernstein Liebhard LLP partner Jeffrey S. Grand. Mr. Grand is a member of the Plaintiffs’ Steering Committee in the federal C.R. Bard litigation. Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, continues to offer free vaginal mesh lawsuit evaluations to women who allegedly suffered serious injuries following implantation of devices manufactured by C.R. Bard, Inc., as well as American Medical Systems, Inc., Ethicon, Inc. and Boston Scientific Corp.
Vaginal Mesh Lawsuits
The case was the first of four bellwether trials scheduled in a multidistrict litigation underway in U.S. District Court, Southern District of West Virginia for vaginal mesh lawsuits involving C.R. Bard products. According to court documents, the company is facing more than 5,000 such claims in courts around the country, all of which allege its Avaulta products caused women to suffer painful transvaginal mesh complications, including mesh erosion, chronic pain, infection, and scarring. In multidistrict litigations, bellwether trials are designed to be test cases, and are used to help gauge the strength of plaintiffs’ claims in similar lawsuits. A second such trial is scheduled to begin in the federal C.R. Bard litigation on August 19th. (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, MDL No. 2187)
The Plaintiff at the center of this first bellwether trial was implanted with C.R. Bard’s Avaulta Plus device in 2009. According to her complaint, the 45-year-old woman was forced to undergo multiple corrective procedures after she began suffering from severe vaginal mesh complications, including pain, bleeding and bladder spasms. Among other things, she alleged that C.R. Bard used a certain type of plastic resin in its Avaulta products, despite knowing it was not meant for permanent implantation in humans.
According to court records, this is the second loss in a row for C.R. Bard in a vaginal mesh lawsuit. Last July, a California Superior Court jury ordered the company to pay $3.6 million of a $.5.5 million judgment after it determined C.R. Bard was partly responsible for vaginal mesh complications suffered by another Avaulta Plus recipient. The woman’s surgeon was found liable for the remainder of the judgment. (Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield))
The C.R. Bard litigation is just one of several pending in the Southern District of West Virginia for vaginal mesh lawsuits. 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 is also serving as Co-Liaison Counsel in two consolidated litigations 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 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).
Women who allegedly suffered serious vaginal mesh complications may be entitled to compensation for their medical bills, lost wages, pain and suffering and other damages. Read More about the ongoing litigation involvingvaginal mesh lawsuits at Bernstein Liebhard LLP’s website. Free legal reviews can also be obtained by calling 800-511-5092.
*nj.com/business/index.ssf/2013/08/jury_orders_cr_bard_to_pay_2_m.html, Bloomberg News, August 15, 2013
About 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, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. 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 10 consecutive years.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
ATTORNEY ADVERTISING. © 2013 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.
# # #
Felecia L. Stern, Esq.
Bernstein Liebhard LLP