Defective Mesh Recalls, Lawsuits and Settlement Information

Mesh Lawsuit Verdicts

Delaware Jury Awards Plaintiff $100 Million Against Boston Scientific

Delaware jurors awarded Deborah Barbra $100 million for her transvaginal mesh case against Boston Scientific. Barbra was implanted with Boston Scientific's Pinnacle and Advantage Fit transvaginal mesh products in 2009 to treat pelvic organ prolapse and stress urinary incontinence. She claimed that she had to have two subsequent surgeries and the mesh will be still be in her body and cause her permanent injuries. The jury found that Boston Scientific had been negligent in the design of the products and for failing to warn patients of the potential problems. The jury ordered Boston Scientific to pay $25 million in compensatory damages and $75 million in punitive damages.

Federal Jury Awards Plaintiff $3.27 Million against Johnson and Johnson.

In this case the Plaintiff, Jo Huskey, was implanted with the Gynecare TVT Obturator to treat stress urinary incontinence of her bladder.  She claimed several serious side effects including pelvic pain.  After finding that the product was defectively designed the jury awarded the plaintiff $100,000 for medical care, $470,000 for past pain and suffering, $2.5 million for future pain and suffering, and $200,000 to the plaintiff’s husband for loss of consortium damages.

Dallas Texas Jury Verdict of $73 million against Boston Scientific Corp.

In this case the jury awarded the Plaintiff $23 million in compensatory damages and $50 million in punitive damages after finding the company grossly negligent. Plaintiff, Martha Salazar, a 42 year old woman was implanted with the Obtryx Transvaginal Mesh Sling.  The mesh was implanted to treat her incontinence problems with her bladder.  After having the implant for four years she now suffers permanent nerve damage.  The lawsuit alleged that Boston Scientific intentionally designed and marketed the product while having knowledge it was defective.   

Bellwether Trial Against C.R. Bard Concludes on August 15, 2013, Jury Awards Plaintiff $2 million

On August 15, 2013 a federal jury awarded $2 million in damages to a Georgia woman, which includes $1.75 million in punitive damages and $250,000 in compensatory damages. This trial, the first of over 20,000 cases pending against C.R. Bard began on July 29, 2013. The jury found that C.R. Bard failed to warn of the dangers involved with the implantation of their vaginal mesh devices. The plaintiff alleged that C.R. Bard knew the device was not suitable for human implantation. The jury deliberated for 12 hours throughout 2 days before finding C.R. Bard liable for the damages suffered by Donna Cisson. Ms. Cisson's first trial ended in mistrial after a doctor testified that C.R. Bard removed their products from the marketplace after the judge ruled this evidence inadmissible.

New Jersey Jury Verdict of $11 Million in Lawsuit Against Gynecare Prolift Includes Punitive Damages

In this lawsuit the Plaintiff, a former nurse from South Dakota, won an $11 million verdict against Defendant Ethicon. On February 25, 2013, after a six-week trial the jury returned a verdict in favor of the Plaintiff, which awarded her $3.35 million in compensatory damages and $7.76 million in punitive damages. The lawsuit involved the failure of the Gynecare Prolift vaginal mesh implant, which was used as a sling support system for pelvic organ prolapse. The synthetic porous materials are usually tied to muscles or bone to hold the organ in place. The pain and numerous complications from this implant caused the plaintiff to stop working as a nurse shortly after the implant surgery. The mesh implant eroded through her vagina and required numerous unsuccessful repair and revision surgeries. This is the first trial where Punitive Damages were awarded. Plaintiff's attorneys remain confident that Substantial Punitive Damages will be awarded in future verdicts.

Defendant American Medical Systems Settles Lawsuits For The Amount of $54.5 million

Officials from American Medical Systems on June 20, 2013 announced in a regulatory filing that they would settle an undisclosed number of vaginal mesh implant lawsuits for $54.5 million. Many of the women claimed that the mesh implants eroded in their bodies and left them in great deals of pain and incontinent. There are thousands more lawsuits pending against American Medical Systems and future settlements are likely to be substantial. A spokesperson for the company declined to comment on the settlement and stated that as a matter of company policy they would not be making any public comments on pending or future litigation. American Medical Systems manufactures the Apogee, Perigee, Mini-Arc Sling, Monarc Subfascial Hammock, Sparc, Bio-Arc, In-Fast Ultra, Influence In-Fast, and Elevate vaginal mesh products. While these settlements involved only a few of the plaintiffs claims, attorneys representing thousands in Federal Court remained hopeful that further progress would be made.

Jury Verdict of $5.5 Million in Lawsuit Against Defendant C.R. Bard ‘s Avaulta Plus Implant

In this case the Plaintiff and her husband won a $5.5 million verdict against Defendant C.R. Bard in Bakersfield, California. This case involved the failure of the Avaulta Plus Vaginal Mesh Implant manufactured by Bard, which left the Plaintiff incontinent, with constant pain and the inability to have sex. The Plaintiff had to endure 8 surgeries and numerous other corrective procedures to treat her complications. The Plaintiff alleged that the Bard Avaulta Plus Implant was defective and the manufacturer failed to warn about the products risks. She also sued the doctor that implanted the mesh. The jury found that Bard was negligent in its design and marketing of the vaginal mesh device and awarded $5 million to the Plaintiff to compensate her for medical bills and pain and suffering and also awarded $500,000 to her husband for loss of consortium. Bard officials stated after the verdict that they were disappointed and would appeal the jury’s decision.

Federal Court Multidistrict Lawsuit Against C.R. Bard Inc. Moves Forward To Bellwether Trials

Due the number of lawsuits filed by women who have suffered from complications due to defective trans-vaginal mesh implants, the Federal Court System has consolidated these lawsuits into one Federal Court. Currently there are tens of thousands of cases pending against CR. Bard Inc. brought by women who have been injured by their defective vaginal mesh products. All of these cases federal cases are now pending at the Federal Court for the Southern District of West Virginia. This means that all cases across the country have been consolidated before a judge in the Southern District of West Virginia Federal Court. There are four bellwether trials, which are currently scheduled to begin on July 8, 2013. These trials are known as bellwether trials and are helpful to determine the settlement values of other similar cases.

Federal Court Multidistrict Lawsuit Against American Medical Systems, Inc. In Progress

The American Medical Systems Federal Court Multidistrict Litigation Panel began after the C.R. Bard Multidistrict Litigation. American Medical Systems made similar trans-vaginal mesh implant products as C.R. Bard Inc. As with C.R. Bard Inc. American Medical Systems Inc. faces thousands of lawsuits brought by women who suffered numerous complications after having the trans-vaginal mesh implanted in them. These cases have been consolidated in the Southern District of West Virginia as well under the same judge and litigation is developing in this matter. There are no bellwether trials scheduled as of the date of this post. Further updates will be posted as trial information becomes available.