30 March 2015

Manufacturer Resists Transvaginal Mesh Lawsuit Consolidation

transvaginal mesh lawsuit

There’s a new development in the case against transvaginal mesh manufacturer C.R. Bard, as a representative recently appeared in a West Virginia federal court to argue that jurors may be unfairly biased by the sheer number of mesh lawsuits which were consolidated as part of a multi-district litigation (MDL) case. It was on these grounds that the manufacturer resisted the consolidation of the suits, claiming that they may logically conclude that there’s merit to the cases and/or something flawed about the implant devices.

Transvaginal mesh manufacturer C.R. Bard Inc. is facing thousands of lawsuits from women who claim that they suffered profound physical injuries as a result of defective pelvic mesh products.

But the manufacturer recently made a motion in an attempt to combat the consolidation of dozen of lawsuits into a multi-district litigation case, arguing that such a move would create bias amongst the jury members.

‘Consolidated trials carry a real and formidable risk that the jury will be swayed simply by the number of plaintiffs alleging injury from the same product,’ C.R. Bard argued in its written motion.

C.R. Bard’s attorney also argued that the MDL consolidation would serve to downplay what they classified as key factual differences amongst the lawsuits, such as the varying devices, varying patient conditions and unique patient medical histories.

A MDL still allows for separate and individual review of each case, but it serves to keep the cases clustered together within the court system.

C.R. Bard has been hammered in court recently, with juries opting to award settlement after settlement to the plaintiffs.

In a rather unprecedented move, a federal court Judge Joseph Goodwin recently remarked that C.R. Bard would be “wise to settle its cases in order to avoid what may amount to billions in jury-awarded settlements,” citing the trend in jury awards, which have averaged well over $1 million per plaintiff.

For perspective, over 70,000 transvaginal mesh devices from 7 manufacturers were implanted in 2010 alone. Over 67,500 cases are already on the docket in a West Virginia federal court, where this motion was filed.

Some of the recent court rulings against C.R. Bard include the following:

  • October 2014: A $5.5 million award was upheld in a California court. This award marked the first case involving a settlement with transvaginal mesh manufacturer C.R. Bard.
  • September 2014: In a Dallas court, C.R. Bard was ordered to pay a damages totaling $73 million to a plaintiff who suffered injuries from a transvaginal mesh implant.
  • September 2014: A plaintiff was awarded $2 million by a jury in a West Virginia federal court. The verdict came down against C.R. Bard, the company that manufactured the implant that caused the woman’s injuries.
  • August 2014: C.R. Bard was ordered by a jury to pay $2 million to a woman in a federal West Virginia courtroom. The woman filed the suit after suffering injuries stemming from a transvaginal mesh implant.

Transvaginal mesh is used to treat conditions like stress urinary incontinence (SUI) and pelvic organ prolapse (POP.) Plaintiffs allege that they weren’t properly warned about the risks, which include chronic pain, nerve damage, internal bleeding, organ damage, infection, chronic pain and multiple operations.

Courtroom documents also revealed that many devices were not sufficiently tested in live human subjects.

If you or a loved one has experienced adverse health effects and injuries a result of a transvaginal mesh implant, we encourage you to contact us to discuss the your case in a confidential consultation. Just complete our form or call 877-274-8672.

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