Jury Seated in Vaginal Mesh MDL Against CR Bard

By July 22, 2013July 17th, 2019Transvaginal Mesh

Federal judge Joseph R. Goodwin, presiding judge over the vaginal MDL in the U.S. District Court in West Virginia, was so pleased it had taken just two hours to select the jury that he joked with those in the courtroom that it would have taken weeks to do the same thing in California.

The case being heard was filed against CR Bard, the maker of Avaulta vaginal mesh device implants, over the complications listed with the device. The complaint was filed by plaintiff Donna Cisson and her husband, Dan. Bard has already lost a case over another mesh device, which is now removed from the market in the United States. The award in that case went to plaintiff Christine Scott in the amount of $5.5 million, which Bard is appealing.

Goodwin is overseeing the six different federal MDLs against different manufacturers of similar vaginal mesh device implants. The manufacturers involved in the litigation include Bard, AMS, Boston Scientific, Ethicon, Coloplast and Cook Medical. The vaginal mesh devices are used to treat pelvic organ prolapse and stress urinary incontinence. All of the devices are linked to serious complications that often require surgery to correct. Erosion of the devices and infections are the most common side effects listed.

As for Cisson’s lawsuit, she had the Avaulta Plus Biosynthetic Support System implanted as a treatment for POP in May, 2009. The implant has since caused her to suffer from “permanent pain, injury and deformity” and has caused her to have multiple surgeries in an attempt to remove it. The woman’s husband is also suing Bard over loss of consortium. For the case, a jury of eight was chosen from a pool of 18. Opening arguments are expected to begin July 23. The case is expected to take about 2-3 weeks.

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