The Georgia based manufacturer of medical devices, C.R. Bard, Inc. is facing
a number of lawsuits alleging that one of their Avaulta transvaginal mesh
products was marketed with design defects that caused injury to patients
and that the company failed to issue proper warnings regarding the product’s
design defects. The Avaulta transvaginal mesh is implanted in patients
in order to treat Pelvic Organ Prolapse (POP), as well as Stress Urinary
The FDA issued warnings regarding the dangers of using transvaginal mesh
devices to treat Pelvis Organ Prolapse and Stress Urinary Incontinence
beginning in 2008.
Beginning in 2005, the Food and Drug Administration (FDA) received thousands
of reports of complications associated with the Avaulta transvaginal mesh.
As a result, in October 2008, the FDA issued an alert regarding the complications
associated with the Avaulta transvaginal mesh, as well as transvaginal
mesh devices from several other manufacturers. In July 2011, the FDA issued
another public notice, this time advising medical professionals and patients
to consider alternatives to the transvaginal mesh device for the treatment
of POP and SUI.
In the first of several lawsuits against C.P. Bard Inc., a federal jury
awarded the plaintiff $2 million in damages.
A jury recently awarded $2 million to the plaintiff in the first federal
personal injury from C.P. Bard Inc.’s transvaginal mesh device. In the lawsuit,
the plaintiff, Donna Cission alleged that the company’s transvaginal
mesh device caused her bleeding and pain. Cission had the transvaginal
mesh device implanted to treat POP. Due to the pain and bleeding she experienced,
Cission underwent two subsequent surgeries in order to have the transvaginal
mesh device removed. The Court held that C.R. Bard Inc. failed to provide
adequate warnings regarding the design defect in its transvaginal mesh
device. The jury awarded Cission $250,000 in compensatory damages and
$1,750,000 in punitive damages.
Multi-district litigation including 26,000 cases against several manufacturers
of transvaginal mesh devices began on Monday.
This past Monday, jury selection began for the second federal lawsuit against
C.R. Bard Inc. The multi-district lawsuit, which will take place in the
U.S. District Court for the Southern District of West Virginia, combines
over 26,000 case and names additional manufacturers of
transvaginal mesh devices including Johnson & Johnson, American Medical Systems, Boston Scientific Corp,
Coloplast Corp, and Cook Medical Inc as defendants. In addition, the first
state court case against C.R. Bard Inc. is scheduled to begin shortly
in New Jersey.
If you or a loved one has been injured as a result of a medical device,
you should contact an attorney immediately. An attorney can review the
circumstances of your case and determine whether another party’s
negligence may have caused your injuries. If so, an attorney can help
you receive the compensation you deserve for the pain and injuries you