1st Federal Transvaginal Mesh Verdict: $2M
A transvaginal mesh injury verdict has led to a $2 million award for the victim.
It was the first trial in federal court to determine if C.R. Bard Inc. failed to warn of the dangers associated with its mesh implants, which are used to treat pelvic organ prolapse or stress urinary incontinence. Thousands of cases against the New Jersey-based company are pending nationwide.
Jurors apparently felt that Bard should have to pay a hefty price for failing to warn of the dangers associated with vaginal mesh devices.
Transvaginal Mesh Injuries
In the federal transvaginal mesh injury case, Donna Cisson claimed Bard failed to properly warn her about common mesh complications including organ perforation, internal bleeding, infection and mesh erosion (which, among other things, can make sexual intercourse very painful), reports Bloomberg.
Removing mesh implants can be an extremely complicated procedure. Cisson, who experienced pain during sexual intercourse, underwent several surgeries to remove the mesh after she began suffering pain, bleeding and bladder spasms.
Transvaginal Mesh Lawsuits
Many patients have brought transvaginal mesh injury lawsuits against manufacturers for unexpected defects or dangers. The first such suit went to trial in a California state court last year and ended in a $5.5 million jury award, Bloomberg reports.
In Cisson's case, heard in federal court in Charleston, West Virginia, she alleged her injuries occured because the company hid design defects in its implant -- namely, that the mesh material wasn't designed for long-term wear.
Serious complications associated with surgical mesh for transvaginal repair are not rare -- yet Cisson was never warned about them.
Cisson, who argued her quality of life was compromised by the defective mesh implant, was awarded $250,000 in compensatory damages for her injuries. Jurors tacked on an additional $1.75 million in punitive damages to incentivize the manufacturer to give patients adequate warnings about the risky device.
Under the laws of Georgia, where Cisson is from, 75 percent of Cisson's punitive damages award will be handed over to the state's general fund, reports Bloomberg. Bard officials say they plan to appeal.
If you, like Cisson, are experiencing symptoms you believe are caused by the transvaginal mesh, an experienced products liability attorney can help you explore your legal options.
Related Resources:
- Woman awarded $2 million in mesh trial (The Charleston Gazette)
- Product Liability Law (FindLaw)
- Defects in Warnings (FindLaw)
- Transvaginal Mesh Lawsuits, Verdicts Hit Nationwide (FindLaw's Injured)