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First Federal Transvaginal Mesh Claim Set for Trial

The first federal claim over a defective transvaginal mesh device manufactured by C.R. Bard Inc. is set for trial this week. The case is the first of roughly 20,000 lawsuits regarding transvaginal mesh products. Other cases have been consolidated into a multidistrict litigation (MDL) action and are pending before a U.S. District Judge in West Virginia.

The case is being brought by a plaintiff who was diagnosed with pelvic organ prolapse – a female reproductive condition characterized by the prolapse, or drop, of a pelvic organ from its normal position. The prolapse can place pressure against the walls of the vagina, causing chronic pain and urinary incontinence, in addition to other symptoms. The plaintiff in this case underwent surgery to implant the transvaginal mesh product in 2009, but soon began suffering from a number of adverse effects, including bleeding and pain during sex and bladder spasms. She underwent two additional surgeries to recover the device.

Manufacturer Knew of Potential Hazards Posed by Product

The plaintiff and her husband originally filed a lawsuit against C.R. Bard in 2011, claiming that the company knew about the potential hazards and problems of their product, yet failed to take reasonable measures to warn consumers and doctors. During the discovery process –legal proceedings during which information is exchanged – a U.S. District Judge from the Southern District of West Virginia unsealed crucial evidence that revealed Bard was aware of the problems associated with the device.

As stated in court documents, executives from Bard exchanged emails that warned employees not to use the company's name when conducting transactions with the suppliers who manufactured resin-based plastic used in the mesh device. This was because the plastic manufacturers who supplied resin-based materials disclosed that their plastic was not safe for human implantation and that the company did not want their plastic materials used in medical products.

Despite this knowledge, Bard continued to use the resin-based plastics in their Avaulta transvaginal mesh device. Many in the legal community believe that these emails are incriminating evidence that highlight the fact that Bard was aware of the potential dangers posed by their products. Under product liability law, companies can be held liable when they knew, or should have known, that their products were unsafe for their intended use.

Protecting Victims' Rights

By taking a stand against corporate negligence and greed, victims can hold large medical device corporations accountable for their failures to keep consumers safe. Throughout the years, transvaginal mesh products have been found to cause a number of adverse side effects, and have caused significant damages to more than 15% of women who have had these devices surgically implanted. Many of these women have suffered considerable pain and suffering, emotional anguish, revisional surgeries, injuries, scar tissue, and health complications such as infections. Many families of these victims have also been forced to endure significant emotional and financial damages.

As more women began to report their adverse effects, the U.S. Food and Drug Administration (FDA) conducted investigations that eventually led to an issuance of a safety warning in 2011. The warning stated that serious complications from surgically implanted transvaginal mesh were not rare.

Trials concerning the C.R. Bard multidistrict litigation have been grouped into trials based on the conditions and medical problems they were designed to treat – most commonly pelvic organ prolapse and stress urinary incontinence, among others. The first trials involve Bard's Avaulta products. The other trial groups are scheduled for July 29, August 19, and September 9.

Discuss Your Case with a California Defective Medical Device Lawyer

The Senators (Ret.) Firm, LLP has been a frontrunner in corporate litigation and high profile, complex tort and class action claims for years. Our California defective product attorneys are equipped with decades of experience in handling these cases and are uniquely prepared to protect the rights of injured patients and consumers. Since 2007, we have successfully recovered millions of dollars in compensation for injured plaintiffs and have held even the most powerful corporations liable for the harm they caused.

If you or your loved one has suffered adverse health effects after undergoing surgery to implant a transvaginal mesh product, do not hesitate to learn more about your rights, your potential claim, and the ways in which our legal team can guide and support you through your legal journey. Trust in compassionate, proven lawyers who have the skills, tools, and resources to secure the compensation you rightfully deserve. Contact The Senators Firm to discuss your case.

Your Legal Rights If you or someone close to you has become a victim of sexual abuse, please contact us to learn more about your legal rights.
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