Win for Vaginal Mesh Plaintiffs

Win for Vaginal Mesh Plaintiffs
The first Federal Bellwether case in Virginia ended with a jury of four men and four women awarding a $2 million verdict to Donna Cisson. A Bellwether case is one of similar claims and theories among a specific number of test cases used to set a standard for the remaining lawsuits. All vaginal mesh cases have been consolidated due to the volume of lawsuits filed and will be tried in the U.S. District Court, Southern District of West Virginia.
Ms. Cisson’s case involved an Avaulta Plus implant device made by C.R. Bard. Ms. Cisson experienced pain during sexual intercourse, bleeding and bladder spasms. The jurors deliberated for only 12 hours before deciding that Bard’s design of the Avaulta implants were flawed and Bard failed to warn both physicians and patients about the defects. Ms. Cisson’s attorneys accused the company of putting profits before people with “malice, fraud or wantonness.” Bard officials advised they will appeal.
The Cisson v. C.R. Bard, Inc. verdict is the first of four test cases for all vaginal mesh implants cases, including, Ethicon, Johnson & Johnson, C.R. Bard and Boston Scientific. However, it is the second loss for Bard. The first was last July, 2012, where a jury awarded a total verdict of $5.5 million verdict to Christine Scott, of which Bard’s portion was $3.6 million. The second of the four Bellwether trials started on August 19, 2013.
Avaulta implants were removed from the market in 2012 after the FDA ordered a study of the devices for pain linked to sex, organ damage and infection. Bard’s stock dropped 1.7% to $133.47 in the New York Stock exchange on August 16, 2013 and to $114.54 as of August 22, 2013.
The Ethicon, Johnson & Johnson, C.R. Bard, and all mesh manufacturers involved in lawsuits will be forced to examine the potential impact to their companies due to the outcome of these Bellwether cases. They will have to and make a decision whether to continue to hold and defend their position through trial, or to begin the process of settling and removing products which have been proven in Federal Court, to be defective.
We continue to monitor and keep you updated on these Bellwether verdicts. We believe that justice will prevail for patients and physicians whose trust was betrayed by corporate greed.
If you are suffering from injuries due to a vaginal mesh implant, you may be entitled to compensation for lost wages, pain and suffering, medical bills and future medical care among other things. Call Saunders & Walker at (800) 748-7115 to find out how we can be of service to you.