In a recent turn of events, Monday witnessed the announcement a groundbreaking verdict that will undoubtedly have an overwhelming effect on the future of vaginal mesh products. For the first time in our nation’s history, a jury has ruled in favor of a plaintiff who claims that she sustained catastrophic injuries following the implantation of a vaginal mesh device. Subsequently, Christine Scott and her husband were awarded $5.5 million after a jury found C.R. Bard Medical guilty of negligence. Court documents suggest the manufacturer knew their product was unsafe, yet failed to provide adequate warnings.
Approximately four years ago, Scott was surgically implanted with the Avaulta Plus, a transvaginal mesh product developed by Bard. In receiving the device, Scott had hoped the surgical application would treat her stress urinary incontinence (SUI). However, the placement of the Avaulta Plus was immediately followed by several complications.
Of significant concern, however, was the damage inflicted on her colon. Accordingly, the device had unknowingly migrated, causing severe organ perforation along with pain and discomfort. Complications began to worsen when the vaginal mesh was partially eroded into the colon itself. The occurrence of mesh erosion placed Scott at an increased risk of developing a serious infection as well.
The persistent onset of pain and discomfort caused Scott to seek medical intervention at least eight times. As a result she had several revision surgeries in an attempt to alleviate the problems caused by the vaginal mesh. However, the pain and discomfort returned after every treatment, leaving her wondering if she would ever be pain free again. “I don’t know if I’ll have ten surgeries now. I don’t know if I’ll have one. I don’t know if I’ll have 100. The doctors cannot tell me,” Scott said in June.
Shortly after the onset of her complications, Scott filed a transvaginal mesh lawsuit against Bard. The case was filed in Kern County approximately four years ago. According to court documents, Scott claimed that Bard knew of the dangers associated with the mesh that she had received, yet did not provide adequate warnings and were otherwise negligent in the handling of their device. In addition, Scott’s husband filed a subsequent claim, alleging that the Avaulta Plus vaginal mesh was responsible for the demise of their love life.
Following a lengthy process, Jurors ruled on Monday that Bard was in fact negligent in their handling of the device. Therefore, the Scott family was awarded $5.5 million in compensation for their pain and suffering.
Monday’s ruling marked the first time in the nation that a jury awarded monitory compensation to the plaintiff in a transvaginal mesh lawsuit. The groundbreaking verdict will undoubtedly have a resounding effect on the 650 other transvaginal mesh lawsuits that are currently pending in U.S. courts.
There will likely be an appeal in the case, but Scott says she’s just happy to no longer have the court-ordered silence, so she can talk about it. She wants to start a support group for women. Her representatives are currently working on a website for people wanting to know more about mesh implants.
Do I Have a Transvaginal Mesh Lawsuit?
The trial lawyers at The Senators (Ret.) Firm, LLP have decades of experience navigating through complex legislative and regulatory issues and litigating high stakes cases all over the nation. Our law firm focuses on the representation of plaintiffs in transvaginal mesh lawsuits. We are currently accepting new cases in all 50 states.
If you or a loved one has been injured by a transvaginal mesh, you may be entitled to financial compensation. For a free case review, please click the link below or call toll free 24 hrs/day 1-800-773-0849.