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Transvaginal Mesh Lawsuits Move Forward, as Bernstein Liebhard LLP Notes Start of Second Bellwether Trial in Federal C.R. Bard Litigation
Date:8/20/2013

,000 vaginal mesh lawsuits, most of which are pending in the federal multidistrict litigation underway in West Virginia. The proceeding’s first bellwether trial concluded on August 15th, with the jury awarding $2 million in compensatory and punitive damages to a woman who was implanted with the Avaulta Plus pelvic mesh device. Her transvaginal mesh lawsuit accused company officials of knowingly using a plastic resin in that product that 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 presently at trial in the federal litigation marks the third transvaginal mesh lawsuit involving C.R. Bard to go before a jury. Last July, the company was ordered to pay $3.6 million of a $.5.5 million judgment after a California Superior Court jury determined that C.R. Bard was partly responsible for vaginal mesh complications suffered by another Avaulta Plus recipient. (Scott v. Kannappan, S-1500-CV-266034-WDE, Superior Court for Kern County, California (Bakersfield))

The C.R. Bard litigation is just one of several pending in the Southern District of West Virginia for vaginal mesh lawsuits. 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 re: Ethicon, Inc. Pelvic Repair Systems Products Liability Litigation - MDL No. 2327.

Mr. Grand is also serving as Co-Liaison Counsel in two consolidated litigations established for C.R. Bard and Ethicon mesh lawsuits in New Jersey’s Atlantic Superior Court. He was also a member of the trial team on the first Ethicon trial, which ended in March with an $11 million verdict for the Plaintiff. (In re: Pel
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