Transvaginal Mesh Allegation Attorney Help: Resource4thePeople Reports Key C.R. Bard Mesh Trial Rescheduled

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Case is moved to January as number of transvaginal mesh lawsuits claiming serious side effects continues to increase. Resource4thePeople continues offer of free consultations for consumers with allegations involving transvaginal mesh devices.

Resource4thePeople announced today in its latest update for consumers following litigation alleging that transvaginal mesh implants have failed and caused women severe health problems that a key trial in the litigation has been rescheduled.

The case* involves allegations by a woman seeking damages from C.R. Bard over an Avaulta pelvic mesh device which was implanted in her body and caused her serious health problems, according to the court file in the case.

The trial, which was originally scheduled to begin Dec. 3, 2013, has been rescheduled to Jan. 10, 2014 in the United States District Court for the Southern District of West Virginia.

"This case is one of the bellwether trials selected from thousands of lawsuits filed against Bard grouped together in this jurisdiction in which women are claiming that the transvaginal mesh products were defectively designed and they suffered mesh erosion, chronic pain, infections, and other complications," said Resource4thePeople.

"We are hopeful that whatever problems arose that caused this delay will be cleared up in order to allow a jury to decide next month whether these allegations are true and the woman involved is entitled to compensation for the injuries she claims to have suffered."

Resource4thePeople also is announcing that as these trials proceed its national team of lawyers is continuing to offer free consultations to other consumers who may have been affected by similar allegations involving transvaginal mesh operations.

The rescheduled trial was preceded by another federal court trial also involving allegations involving C.R. Bard’s Avaulta transvaginal mesh in which a jury 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.**

“That jury found in favor of a woman making 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 the 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.”

There are now over 36,000 transvaginal mesh lawsuits with similar allegations grouped together in what is called a multidistrict litigation before a single judge in the West Virginia district.

These figures*** were compiled by U.S. court officials in the latest reporting period ending Nov. 18, 2013 and include suits filed against such manufacturers as Boston Scientific, C.R. Bard, Endo Health Solutions and Ethicon, according to the court file.

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, according to the court file in the case.

The lawsuits in the multidistrict litigation share 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 Joseph 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)

*Carolyn Jones v. C.R. Bard Inc. et al, Case # 2:11cv0114, U.S. District Court, Southern District of West Virginia
**Cisson v. C.R. Bard, Inc., 2:11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston)

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