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Transvaginal Mesh Lawsuits Move Forward, as Bernstein Liebhard LLP Notes Scheduling of Final Trial in First Round of Federal C.R. Bard Bellwether Vaginal Mesh Lawsuits
Date:11/12/2013

y designed and manufactured. C.R. Bard is also accused of failing to provide doctors and patients with adequate warnings regarding the risks associated with the devices.

Court filings indicate that the first federal bellwether trial of a C.R. Bard transvaginal mesh lawsuit ended in August with an award of $2 million in compensatory and punitive damages for the Plaintiff. That case was filed on behalf of a woman who was forced to undergo multiple corrective procedures after she began suffering pain, bleeding and bladder spasms after receiving the Avaulta Plus device in 2009. Among other things, she alleged that C.R. Bard officials were aware that a certain type of plastic resin used in Avaulta products was unfit for permanent implantation in humans. (Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston))

The case was the second loss at trial for C.R. Bard. In July 2012, court records show that the company was ordered to pay $3.6 million of a $.5.5 million judgment after a California Superior Court jury found that C.R. Bard was partly liable for the complications suffered by another Avaulta Plus recipient. The surgeon who implanted the device was assessed the remaining portion of the judgment. (Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield))

Along with the federal multidistrict litigation for claims involving C.R. Bard, court filings indicate that five other consolidated proceedings involving vaginal mesh lawsuits have been established for claims naming other manufacturers as defendants. Bernstein Liebhard LLP partner, Jeffrey S. Grand, is also serving on the Plaintiffs’ Steering Committees for the following federal litigations: In re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation - MDL No. 2325; In re: Boston Scientific Corp., Pelvic Repair Systems Products Liability Litigation - MDL No. 2326; and In
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