After 12 hours and 2 days of jury deliberation in Charleston, West Virginia, C.R. Bard Inc. was ordered to pay a $2 million settlement to one woman who alleged that the company intentionally hid flaws within the Avaulta line of vaginal-mesh implant devices. The $2 million settlement is just the first in what will likely be a long slew of federal claims concerning the vaginal mesh devices, as the company, which is based in Murray Hill, New Jersey, is already facing more than 8,000 other claims over its Avaulta devices.
D. Cisson, the recipient of Bard’s most recent jury settlement will receive $250,000 in compensatory damages for her injuries from the device, along with $1.75 million more in punitive damages. According to the victim – and many more like her for that matter – use of the Avaulata device can cause organ damage and it can make sexual intercourse painful if the device erodes. Cisson, a public-health nurse based in Toccoa, Georgia, was implanted with an Avaulta Plus in 2009 after her organs began to collapse into her pelvic region. The device, which was intended to buttress the woman’s collapsing organs, was ultimately removed after several surgeries, complaints of severe pain, and reports of bleeding and bladder spasms.
Despite staggering evidence against the company, Bard officials are still disputing the jury’s finding that Cisson’s injuries were, in fact, the result of the company’s vaginal implant. Furthermore, the company holds strong to their claim that Bard “complied with industry standards,” when producing their line of mesh implants, and thus, does not deserve to be punished. Reports from several more women just like D. Cissson, however, would suggest otherwise. For example, last year, a California state court jury found Bard liable for another woman’s injuries that were tied to an Avaulta implant (the first case to go to trial in United States court). In the end, Bard was held liable for $5.5 million in damages, however, under state law the company was only responsible for $3.6 million of that award.
Through all of the court trials and personal allegations that have been made against Bard, the company has staunchly affirmed that it has produced a device that is not only safe for use, but also designed for consumer satisfaction. Such statements, however, are contradicted by the U.S. Food and Drug Administration’s order for the company to remove Avaulta implants from the market. The company’s strong stance on its mesh products also goes against allegations that Bard officials were aware that the company was manufacturing the implant devices with a plastic material which warned that the plastic should not be permanently implanted in humans. Bard has neither confirmed nor denied the truth of this statement.
As allegations build and lawsuits against Bard continue, victims of the company’s defective transvaginal mesh product can seek the financial recompense that they both need and deserve for their pain and suffering. Such victims can turn to a California defective product lawyer at our office for the professional legal help they need in filing a claim or lawsuit against the company. With decades of experience on our side, we have what it takes to help you successfully seek compensation for your injuries. Contact The Senators Firm today.