TRANSVAGINAL MESH MANUFACTURER LOSES APPEAL IN FIRST PELVIC MESH TRIAL
C.R. Bard, Inc. lost its appeal of a jury’s $2 million verdict in a bellwether trial that found the medical device maker liable for a woman’s injuries from defective transvaginal mesh implants.
A three-judge panel for the Fourth Circuit turned down several arguments from Bard over whether evidence regarding safety warnings for its Avaulta Plus mesh device was properly excluded and whether evidence involving the FDA’s clearance was properly included at trial.
The six jurors found Mrs. Cisson had proven her claims the Bard Avaulta Plus transvaginal mesh implanted in her in 2009 was defective in both its design and in a failure to warn her implanting physician.
The court affirmed the $1.75
million in punitive damages and $250,000 in compensatory damages as not being excessive.
The plaintiff, Donna Cisson, won the first bellwether trial in federal court in August 2013. The Avaulta Plus was used to treat rectal prolapse, but caused rectal pain, bladder spasms and required follow-up procedures to remove loose pieces of mesh.
There are 4,193 cases pending against C.R. Bard and more than 28,000 filed naming all six defendants.
The women all contend that the mesh implants can erode, cause infection and pain, bleeding and require mesh-removal surgeries. Often the mesh cannot be entirely removed because the arms are deeply embedded because the device is intended to be a permanent implant.
If you know of someone who has had complications from pelvic mesh, have them call Davis & Crump at 800-277-0300, or email us at info@daviscrump.com.
