As 2013 comes to a close, the Rottenstein Law Group LLP notes that among the highlights of the year in vaginal mesh lawsuits is a reported mass vaginal mesh settlement involving five mesh manufacturers, including C.R. Bard. Hip implant firm RLG discusses the settlements and offers its insight into the news.
As of Dec. 16, vaginal mesh lawsuits involving Bard’s Avaulta mesh product make up about 5,500 of the approximately 40,000 transvaginal mesh lawsuits pending in federal court, 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).
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.
“Settlements are one way for plaintiffs to receive compensation for harms they have suffered from their vaginal mesh implants,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “Some plaintiffs, though, have chosen a trial and received large damages awards.”
At least two Bard bellwether trials had outcomes in which the plaintiff received some kind of 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 a week later, 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).