C.R. BARD INC. AGREES TO SETTLEMENT IN TRANSVAGINAL MESH CASE ONE WEEK AFTER SEPARATE $2M VERDICT

By Sheff Law on August 22, 2013

mesh.jpgC. R. Bard Inc. (BCR) has agreed to a settlement just one week after a separate $2 million case. In the current case, Wanda Queen of North Carolina, alleges that Bard's vaginal-mesh implants led to pain and injuries. Queen's attorneys told a Judge of Charleston, West Virginia that the implants caused her to undergo six surgeries. The settlement coincides with the beginning of a second federal trial of lawsuits in West Virginia regarding the Avaulta insert.

Bard is based in Murray Hill, New Jersey.

The Transvaginal Mesh Patch, Vaginal Mesh Implant, or Pelvic Mesh was developed in response to common conditions and side effects resulting from child birth, menopause and hysterectomies. The patch is a type of surgical mesh that is surgically implanted in a woman. In addition to Bard, companies such as Johnson & Johnson and Boston Scientific manufacture Transvaginal Mesh to remedy both Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI).

Bard's Avaulta insert is used to "correct and restore normal vaginal structure" caused by pelvic organ prolapse (POP). POP causes over 200,000 women to receive surgery each year, many of whom receive transvaginal mesh implants. Recently, the Federal Drug Administration (FDA) issued an advisory for women that have used these implants because of the possibility of increased risk compared to other surgical options for pelvic organ prolapse.

The Bard Avaulta System carries the risk of serious complications due to design defects. Common side effects include:
- Vaginal pain
- Pelvic pain
- Infection
- Difficulty urinating
- Hardening of vaginal mesh
- Erosion of mesh
- Injury to organs and
- Pain during sexual intercourse

A woman that needs to have surgery to correct problems caused by Avaulta, and other Transvaginal Mesh products, will often experience scarring and chronic pain.

One week ago, a West Virginia jury found Bard at fault, forcing them to pay $2 million in damages. Though terms of the settlement were not released, a spokesman for Bard, Scott Lowry, said that Queen's suit was isolated from other pending litigations. In an e-mailed statement, Lowry said, "This is a large, complex litigation and Bard will consider each case based on the facts and merits. We will continue to vigorously defend against all other lawsuits involving Avaulta."

There are now 8,000 claims regarding Avaulta. A common complaint among the plaintiffs are organ damages and pain during sexual intercourse caused by the implant's erosion.

Other manufacturers of pelvic mesh implants are facing similar suits. Johnson & Johnson (JNJ), Endo Health Solutions Inc. (ENDP) and Boston Scientific Corp. (BSX) all face accusations that their implants, which are threaded into place, contract over time. These cases have been consolidated for pretrial information exchanges. They have been consolidated under U.S. District Judge Joseph Goodwin in Charleston, are are in re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, 10-md-02187. Queen's case is Queen v. C.R. Bard Inc., 11-cv-00012, U.S. District Court, Southern District of West Virginia (Charleston).

According to court dockets, two additional trials have been scheduled for October.

If you or a loved one has been injured as a result of the Transvaginal Mesh Patch, please contact an attorney at Sheff Law today at call at 888-423-4477 (toll-free) or 617-227-7000.