A federal jury in Charleston, West Virginia returned a $2 million verdict on August 15, 2013 in favor of the female plaintiff and against C.R. Bard Inc. (“Bard”), which had manufactured and sold the transvaginal mesh product called Avaulta Plus that had been implanted in the 55-year-old woman in 2009 in order to support her internal organs that were collapsing into her pelvic area. The mesh subsequently had to be removed, requiring several surgical procedures, due to severe pelvic pain, rectal pain, spasms, and bleeding allegedly caused by the mesh.
The jury awarded $250,000 in compensatory damages and $1,750,000 in punitive damages after finding that Bard had defectively designed its vaginal mesh product and that Bard had inadequately warned about defects in its vaginal mesh. (The FDA has ordered all manufacturers of vaginal mesh devices to study the rates of organ damage, infection, and painful sexual intercourse associated with the devices – Bard removed its Avaulta implants from the market in 2012.)
This was the first federal trial regarding Bard’s Avaulta vaginal-mesh implant. More than 23,000 vaginal mesh claims against various manufacturers of transvaginal mesh products throughout the United States have been consolidated in the federal court in Charleston, West Virginia, before U.S. District Court Judge Joseph Goodwin, for pretrial discovery matters.
The first state jury verdict in favor of a recipient of an Avaulta vaginal mesh device who alleged that she suffered injuries and other harms as a result of the device was in July 2012 in California state court, at which time the jury awarded damages to the female plaintiff and her husband in the amount of $5,500,000, for which Bard is liable for $3.6 million under California law. The plaintiff in the California case needed nine revision surgeries after she received her Avaulta implant.
New Jersey-based Bard must still defend against more than 8,000 remaining claims involving its Avaulta devices. The Avaulta claims include allegations that the vaginal mesh can cause damage to internal organs and can cause sexual intercourse to be painful. Other manufacturers of transvaginal mesh products, such as Johnson & Johnson, Boston Scientific Corp., and Endo Health Solutions Inc., are also defending product liability lawsuits involving their vaginal mesh devices.
In February 2013, a New Jersey jury awarded $11.1 million ($3.35 million in compensatory damages and an additional $7.76 million in punitive damages) to a woman in her transvaginal mesh lawsuit against Johnson & Johnson involving its subsidiary’s (Ethicon) Prolift transvaginal mesh device. The New Jersey woman suffered constant pain in her pelvis and legs after her surgery for which she takes as many as 20 medications. She had over 400 medical treatments (including 18 surgeries) since receiving the Prolift transvaginal mesh in 2006. She ultimately had to resign her job as a nurse and she rarely leaves her home.
If you have suffered significant pain or other harms as a result of a vaginal mesh implant in the United States, you should promptly seek the legal advice of a local medical malpractice lawyer in your state who may investigate your vaginal mesh claim for you and represent you in a transvaginal mesh claim, if appropriate.
Click here to visit our website or call us toll-free at 800-295-3959 to be connected with vaginal mesh lawyers in your state who may be able to assist you with your claim.
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