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Will $2M Transvaginal Mesh Verdict Affect Similar Lawsuits?

By Aditi Mukherji, JD | Last updated on

A federal jury has awarded $2 million in damages to a Georgia woman for injuries she suffered from an Avaulta Plus transvaginal mesh device manufactured by C.R. Bard Inc.

It was the first case tried in the massive federal multidistrict litigation pending against the New Jersey-based company. (A separate transvaginal mesh lawsuit, which led to a multimillion dollar verdict last summer, was heard in a California state court.)

On the heels of the $2 million federal-court verdict, Bard has agreed to settle its second federal lawsuit. But the settlement only covered this particular case and doesn't affect the thousands of pending lawsuits against the company over its Avaulta mesh device, which is used to treat pelvic organ prolapse or stress urinary incontinence.

Avaulta Lawsuits

Earlier this month, a jury awarded $250,000 in compensatory damages and a massive $1.75 million in punitive damages to Donna Cisson, who was implanted with the Avaulta mesh device, reports Bloomberg.

Cisson's lawsuit accused company officials of knowingly using a plastic resin in that product that was unfit for permanent implantation.

Before a second trial could begin in federal court in West Virginia, Bard agreed to settle a North Carolina woman's claims about the Avaulta mesh. The confidential agreement settled claims by Wanda Queen that the implant caused pain and forced her to have six surgeries.

Thousands of other lawsuits are still pending against Bard over the device that women allege can cause organ damage and make sexual intercourse painful when the devices erode.

A company spokesman said the recent settlement wasn't part of a larger resolution of the pending lawsuits. "We will continue to vigorously defend against all other lawsuits involving Avaulta," the spokesman told Bloomberg via email.

Stay Tuned for Malfunctioning Mesh Mayhem

C.R. Bard is far from alone in the malfunctioning mesh mayhem.

On top of the 4,300 cases pending against C.R. Bard, there are five other multidistrict litigations against other transvaginal mesh product manufacturers -- more than 29,000 cases in total, according to a law firm press release.

Johnson & Johnson, Endo Health Solutions Inc., and Boston Scientific Corp. are among the manufacturers also facing claims that their implants, threaded in place through vaginal incisions, shrink over time, reports Bloomberg.

Women who were allegedly injured by transvaginal mesh may be entitled to compensation for their medical bills, lost wages, pain and suffering and other damages.

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