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 Incontinence (SUI).
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 lawsuit alleging 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 sustained.