CR Bard Settles Second Transvaginal Mesh Bellwether Case Before Trial
The beginning of the second bellwether case, chosen to represent the more than 8,000 transvaginal mesh personal injury cases against CR Bard, has been settled before the rapidly-approaching trial began.
Plaintiff Wanda Queen’s trial was slated to begin on August 21st, in the federal court of the Northern District of Georgia, before it was transferred to the CR Bard multidistrict litigation in West Virginia.
Queen states in her personal injury lawsuit that she was implanted with Bard’s Avaulta Solo Anterior Synthetic Support transvaginal mesh system to treat pelvic organ prolapse. As a result of the implant, Queen has suffered classic problems with her transvaginal mesh, including emotional suffering and physical pain, permanent injury, and physical deformity. She has already had to undergo several surgeries to remove the transvaginal mesh, and she will have to undergo future surgeries. She cannot have sexual relations with her husband without pain, as well, which has impacted their relationship and caused both of them mental and emotional suffering.
Court reports show that the terms of the settlement are currently confidential.
The settlement comes at the heels of the jury’s ruling in Bard’s first bellwether case, that of Donna Cisson, who, like many transvaginal mesh sufferers, filed the suit for medical bills related to continuous treatment and surgery to remove the mesh, along with physical and emotional pain and suffering. The trial was decided in her favor.
“This is a large, complex litigation and Bard will consider each case based on the facts and merits,” said Scott Lowry, a spokesman for CR Bard, in an e-mailed statement. “We will continue to vigorously defend against all other lawsuits involving Avaulta.”
Lowry added that the terms of Queen’s transvaginal mesh personal injury settlement were for that case alone, and would not be extended to other transvaginal mesh injury cases in the MDL.
There are more than 20,000 transvaginal mesh personal injury lawsuits pending in courts across the country.
A Few Transvaginal Mesh Lawsuits Already Decided
One of the first transvaginal mesh cases, Smith vs. Johnson & Johnson, was decided in the medical manufacturer’s favor. However, other cases since then have come out in favor of the plaintiff.
The first major transvaginal mesh personal injury case to go to trial was Christine Scott’s lawsuit against CR Bard in California. While her case was not part of a multidistrict litigation, nor was it a bellwether case, Scott won $5.5 million for herself and her husband, to help with her medical bills caused by her original transvaginal mesh surgery, and for her and her husband’s emotional pain and suffering.
The first bellwether case against Ethicon, the subsidiary of Johnson & Johnson responsible for the company’s transvaginal mesh products, ended in an $11 million award to plaintiff Linda Gross. Meanwhile, Endo Pharmaceuticals, a subsidiary of American Medical Systems, offered $54.5 million to some of their transvaginal mesh victims.
While many of the cases against transvaginal mesh manufacturers have ended in favor of the plaintiff, the manufacturers still plan to appeal many of the cases.
The Strom Law Firm Represents Women in Transvaginal Mesh Personal Injury Cases
It is important to hold medical manufacturers, including manufacturers of transvaginal mesh, to the highest ethical standard. If you or a loved one have had surgery involving transvaginal mesh, and have since suffered painful side effects including bleeding, infection, organ perforation, and constant pain in the lower extremities, you may be entitled to compensation. The attorneys at the Strom Law Firm understand the suffering caused by defective devices like transvaginal mesh, and can help with your case. We offer free, confidential consultations to discuss your concerns, so do not hesitate to contact us. 803.252.4800.