update Federal Bard Avaulta Vaginal Mesh Trial Postponed

A federal bellwether C.R. Bard vaginal mesh trial that was moved from Dec. 3 to Jan. 10 was postponed again to an unspecified date, according to court documents.

The plaintiff requested a continuance to allow a primary witness to attend to “emergent medical needs” of his wife, according to court documents (In re: C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation; MDL-2187, U.S. District Court for the Southern District of West Virginia). Dr. Donald Ostergard, a “crucial witness” for plaintiff Carolyn Jones, notified counsel for the plaintiff that his wife had been urgently hospitalized in California, preventing his appearance in West Virginia to give testimony on Jan. 10.

Bard Avaulta lawsuits comprise about 6,000 of the 40,000 vaginal mesh lawsuits pending in federal court in West Virginia before Judge Joseph R. Goodwin.

In September 2013, Bard joined Endo Health Solutions (American Medical Systems), Boston Scientific, Cook Medical Systems and Coloplast in talks to settle tens of thousands of federal and state vaginal mesh lawsuits, according to a Sept. 30 Bloomberg report.

Women are filing transvaginal mesh lawsuits alleging they suffered injuries from serious adverse side effects such as pain, discomfort and the erosion of the mesh implant, according to court documents.

At least two Bard bellwether trials had outcomes in which the plaintiff received compensation. In the first, on Aug. 15, 2013, a jury awarded plaintiff Donna Cisson about $2 million in damages, according to court documents (Cisson v. C. R. Bard, Inc., 2:11-cv-00195; U.S. District Court for the Southern District of West Virginia). In the second trial, which occurred in the same month, plaintiff Wanda Queen settled out of court for an undisclosed sum, according to court documents (Queen et al v. C. R. Bard, Inc., 2:11-cv-00012; U.S. District Court for the Southern District of West Virginia).

 

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