A federal judge presiding over the first trial in which a woman claims she was severely injured C.R. Bard’s Avaulta vaginal mesh lawsuit has declared a mistrial.
The Vaginal Mesh bellwether trial in a federal consolidated Transvaginal Mesh lawsuit was expected to weigh heavily on the fate of the remaining thousands of vaginal mesh lawsuits or bladder mesh lawsuits waiting for their day in court in which the Avaulta device is accused of causing serious and life-altering injuries. (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, MDL No. 2187)
The trial was halted after a gynecological expert called during the second day of proceedings testified that the Avaulta vaginal mesh device had been removed from the market. This testimony went against pre-trial rulings that barred the admission of evidence regarding the device’s removal from the market. Fearing this testimony would unfairly bias a jury, U.S. District Judge Joseph Goodwin declared a mistrial, according to court documents report. (Cisson v. C.R. Bard Inc., 2:11-cv-00195) (Good, except we can’t use LegalExaminer as the source. Since its from a lawsuit, we can say “according to court documents” and including the case citition)
Wright & Schulte LLC is already representing numerous women who have allegedly experienced painful http://yourlegalhelp.com/medical-device-complications-side-effects/vaginal-mesh-lawsuit-complications-recall-lawsuits [vaginal mesh complications __title__ vaginal mesh complications] due to products manufactured by C.R. Bard and other companies. If you or someone you love suffered serious and disabling transvaginal mesh complications following implantation of pelvic mesh to treat pelvic organ prolapse or stress urinary incontinence, please visit yourlegalhelp.com, or call toll-FREE 1-800-399-0795 to learn more about your options for legal recourse.
Vaginal Mesh Lawsuit
Though disappointing, thousands of C.R. Bard vaginal mesh lawsuits that remain to be tried in the C.R. litigation will put forth evidence to suggest that the company falsely represented the safety of Avaulta and that this vaginal mesh device is just one of many that caused women to suffer serious injuries
According to an Order issued by the Court on May 2, 2013 plaintiffs in Bard’s Avaulta vaginal mesh lawsuits will be permitted to enter evidence that shows company executives were OK with using a plastic resin material that the maker deemed was unfit for human implantation. Emails between company executives that where disclosed ahead of the first bellwether trial showed that Bard wanted to keep its plans for the plastics they were purchasing secret from the manufacturer, according to a Bloomberg report published on June 26th that detailed the discussion that led to the admission of this evidence. (bloomberg.com/news/2013-06-26/bard-used-mesh-plastic-found-unfit-for-humans-by-supplier.html)
According to court filings, the Multidistrict Litigation in which Goodwin is presiding over contains more than 3,400 lawsuits filed against C.R. Bard, alone. Court documents further indicate that Goodwin is also presiding over other consolidated lawsuits against makers of vaginal mesh devices, more than 20,000 complaints in all.
According to the June 26th Bloomberg report, vaginal mesh devices like Bard’s Avaulta werebrought to the market through the Food and Drug Administration’s controversial “fast-track” approval system. This system grants clearance for medical devices which the manufacturer shows to be similar in design to previously-approved devices without conducting detailed safety testing first
The FDA approved myriad styles of vaginal mesh devices like Bard’s Avaulta in the treatment of stress urinary incontinence and pelvic organ prolapse. These conditions affect millions of women in the U.S. and that means many of them have been posed with the prospect of having a vaginal mesh device implanted, Bloomberg said.
Injuries Allegedly linked to Vaginal Mesh
After receiving thousands of reports of injuries linked to vaginal mesh devices like Bard’s Avaulta, the FDA issued a public notice in July 2011 which stated that injuries caused by vaginal mesh devices were “not rare” and that they may not provide any health benefits to women receiving them. [fda.gov/MedicalDevices/Safety/AlertsandNotices/ucm262435.htm]
Since the FDA notice, thousands of women have filed vaginal mesh lawsuits in separate multidistrict litigations established in the Southern District of West Virginia, including:
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: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2327); and
In Re: Coloplast Corp. Pelvic Support System Products Liability Litigation (MDL No. 2387)
About Wright & Schulte LLC
Wright & Schulte LLC, a defective medical device law 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 by defective drugs and their side effects, complications from defective medical devices, and unsafe consumer products, 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 case evaluations are available through yourlegalhelp.com, or call 1-800-399-0795.
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