500 Of The 9,000 Vaginal Mesh Lawsuits Against C.R. Bard Over Purportedly Defect Bladder Report Settlement


C.R. Bard, Inc., Has Reportedly Settled 500 Vaginal Mesh Lawsuits As It Prepares For 200 Federal Court Cases In January Reports Wright & Schulte LLC

bladder-Mesh-Lawsuit-Wright-and-Schulte-LLCWright & Schulte LLC has learned through an SEC filing, that C.R. Bard, Inc., has reached an agreement with two plaintiffs’ law firms to settle more than 500 vaginal mesh lawsuits for an undisclosed amount. In its second quarter filing to the U.S. Securities and Exchange Commission (SEC), C.R. Bard Inc., said that it is discussing possible settlements with other plaintiffs’ law firms. C.R. Bard is facing close to 9,000 of the almost 60,000 federally filed bladder mesh lawsuits filed against six other pelvic mesh manufacturers that have been centralized in the West Virginia federal court . The vaginal mesh lawsuits were filed on behalf of women who similarly allege that they suffered serious injures, including mesh exposure, mesh erosion, bleeding and chronic pain as a result of having a transvaginal mesh implant to treat pelvic organ prolapse or stress urinary incontinence. (In re: C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, 10-md-02187) (Ethicon, Inc. (MDL No. 2327), American Medical Systems (MDL No. 2325), and C.R. Bard, Inc., (MDL No. 2187))
[sec.gov/Archives/edgar/data/9892/000119312514280278/d732355d10q.htm, June 30, 2014]

C.R. Bard Inc., further said in its SEC filing that as of July 7, 12,445 complaints are pending against the company in state and federal courts nationwide over its surgical continence products for women, including its Avaulta mesh devices. The Master Case List for MDL 2187 shows 8,667 vaginal mesh lawsuits pending in the federal litigation in West Virginia. Court documents indicate that C.R. Bard Inc., is also involved in mass litigation pending in the Superior Court of New Jersey, Atlantic County. As of July 28, 2014, C.R. Bard Inc. has 1,517 complaints pending in the New Jersey state court. (In re: Pelvic Mesh Litigation/Bard, No. L-6339-10) [sec.gov/Archives/edgar/data/9892/000119312514280278/d732355d10q.htm, June 20, 2014]

Surgical mesh devices were approved by the U.S. Food & Drug Administration (FDA) to support the bladder, uterus and bowel when these organs become weak and drop from their normal position and bulge (prolapse) into the vagina. The FDA issued warnings in 2008 and 2011 about the transvaginal mesh after receiving complaints from women who experienced vaginal scarring, bleeding, shrinkage, pain during intercourse, and other complications. In January 2012, the FDA ordered 34 manufacturers of pelvic mesh, including C.R. Bard, Inc., to further study the risks of their medical devices. The FDA said its order was based on the complaints the agency received as well as recommendations from its Obstetrics and Gynecology Devices Panel of the Medical Device Advisory Committee. After the FDA continued to receive complaints regarding pelvic mesh, the FDA in April 2014, proposed to reclassify transvaginal mesh from a “moderate risk” device to a “high-risk” device. With high-risk devices, manufacturers are required to conduct human clinical trials and provide clinical data about the safety and effectiveness of their medical device if they want to sell their product on the U.S. market. [federalregister.gov/articles/2014/05/01/2014-09909/effective-date-of-requirement-for-premarket-approval-for-surgical-mesh-for-transvaginal-pelvic-organ, Federal Register, April 29, 2014] [fda.gov/newsevents/newsroom/pressannouncements/ucm395192.htm, April 29, 2014]
[fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/UroGynSurgicalMesh/ucm262301.htm, April 29, 2014]

Court records indicate the next round of bellwether trials will be in January 2015. The first bellwether trial was held in July 2013 involving a bladder mesh sling lawsuit filed on behalf of a Georgia woman who alleges that she received C.R. Bard Inc.’s Avaulta Plus pelvic mesh implants to treat pelvic organ prolapse. The lawsuit purports that the design of vaginal mesh and polypropylene material used in the device caused her to suffer injuries, including pain, bleeding, excessive vaginal scarring, and bladder problems. The vaginal mesh lawsuit alleges that the woman had surgery to remove the bladder mesh implant. A jury ordered Bard to pay $250,000 in compensatory damages and $1.75 million in punitive damages. (Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia) A second federal bellwether trial was settled on the same day the trial was scheduled to be held and the plaintiff in the third trial asked for the case to be dismissed. C.R. Bard Inc.’s first state court trial in July 2012 ended in a $3.6 million judgment against the company, according to court documents. A California woman filed a lawsuit against the company alleging that her Avaulta mesh implant eroded, caused her pain and required her to have multiple surgeries because of the injuries. (Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield)

Court records show that in addition to MDL 2187, there are 50,394 mesh complaints pending in six MDLs in the West Virginia federal court that include:

•In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2327)
•In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation (MDL No. 2325) •In re: Boston Scientific Corp., Pelvic Repair System Products Liability Litigation (MDL No. 2326) •In re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL No. 2387) •In re Cook Medical, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2440)
•In re: Neomedic Pelvic Repair System Products Liability Litigation (MDL 2511)

About Wright & Schulte LLC
Wright & Schulte LLC, an experienced personal injury firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright & Schulte LLC stand up for the rights of people who have been injured or wronged and fight tirelessly to ensure that even the world’s most powerful corporations take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free transvaginal mesh case evaluations are available through yourlegalhelp.com or by calling 1-800-399-0795.

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