As our vaginal mesh lawyers continue to file vaginal mesh lawsuits we are alerted to the fact that Bard has settled another vaginal mesh lawsuit. Although we do not know the settlement amount, it appears the vaginal mesh manufacturers are starting to see the results of their injuries to women.
By Jef Feeley – Sep 14, 2013 12:01 AM ET
C.R. Bard Inc. agreed to settle a woman’s claims that one of its vaginal-mesh implants caused internal problems before a trial set for this month in New Jersey, two people familiar with the accord said.
Bard officials agreed to pay an undisclosed sum to resolve Melanie Virgil’s claims that Bard’s Avaulta Plus insert caused urinary problems, said the people, who asked not to be named because they weren’t authorized to speak publicly about the settlement. Virgil’s case had been set for a Sept. 23 trial in state court in Atlantic City, according to court dockets.
It’s the second vaginal-mesh case Bard settled since a federal jury in Charleston, West Virginia, ordered the device maker last month to pay $2 million to a woman who blamed the company’s Avaulta devices for her injuries.
Bard, based in Murray Hill, New Jersey, faces more than 8,000 claims over the Avaulta line of inserts, which women allege can cause organ damage and make sexual intercourse painful when the devices erode. Johnson & Johnson (JNJ), Endo Health Solutions Inc. (ENDP) and Boston Scientific Corp. (BSX) face similar claims that their implants, threaded in place through vaginal incisions, shrink over time.
Scott Lowry, a Bard spokesman, didn’t immediately return phone and e-mail messages yesterday seeking comment on the settlement. Don Migliori, one of Virgil’s lawyers, declined to comment yesterday on the settlement.
Many of the implant cases against Bard and other manufacturers have been consolidated before U.S. District Judge Joseph Goodwin in Charleston for pretrial information exchanges. Other cases have been filed in state courts in New Jersey, Missouri and California.
Bard officials pulled the Avaulta implants off the market last year after the U.S. Food and Drug Administration ordered all makers of the devices to study rates of organ damage, infection and pain during sex linked to their products.
A California state court jury last year found Bard liable for a woman’s injuries related to an Avaulta implant in the first case to go trial in a U.S. court. Jurors said the company should pay $5.5 million in damages. Bard is liable for only $3.6 million under that state’s law.
The West Virginia jury concluded Aug. 15 that Bard should pay $250,000 in compensatory damages and $1.75 million in punitive damages to Donna Cisson, a nurse from Georgia who had an Avaulta Plus device implanted. Cisson said the mesh damaged her organs and caused other ailments, in the first case to be tried in federal court.
Virgil, a junior high school music teacher in Colorado, sued Bard after her Avaulta Plus device began to erode, according to court filings. The 56-year-old women said she needed three surgeries to address urinary problems created by the insert, according to the filings.
The case is Virgil v. C.R. Bard Inc. (BCR), ATL-L6917-10, Superior Court of New Jersey Law Division, Atlantic County (Atlantic City). The Bard consolidated cases are In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, 10-md-02187, U.S. District Court, Southern District of West Virginia (Charleston).
The vaginal mesh bellwether trials are proceeding with 2 positive settlements that will set the tone for expectations of future vaginal mesh lawsuit settlements. Vaginal mesh lawyers applaud jury verdicts in favor of the injured women.
A jury has decided for the vaginal mesh victim in the first of over 4,550 lawsuits in the multidistrict C.R. Bard Inc. Pelvic Repair System Products Liability Litigation (MDL No. 2187). Donna Cisson, who suffered severe injuries after the implantation of Bard’s Avaulta Plus Posterior BioSynthetic Support System, was awarded $250,000 in compensatory damages plus $1.75 million in punitive damages.
A Bakersfield woman was awarded a Vaginal Mesh Claim Jury verdict of approx $5.5 million dollars. The woman, Christine Scott, sued the manufactures of surgical mesh C.R. Bard Inc. due to side effects caused by vaginal mesh. The woman was awarded $5 million dollars for pain and suffering after 9 different surguries were apparently needed to correct her problems. The woman's husband was also awarded $500,000 for his loss of intimacy.
On Feb. 25, 2013, a New Jersey jury awarded $3.35 million to a South Dakota woman who had to undergo more than a dozen surgeries to repair damage caused a vaginal mesh implant manufactured by Johnson & Johnson’s Ethicon unit.
As we can see there is a trend here. Jury's are outraged at the neglignce of these manufacturers and are siding with the injured victims. There are thousands of women with a implanted mesh. Many are just starting to realize their complications are from a mesh.
Many states have reached the statute of limitations cut off date on July 13th 2013. However, we have attorneys that are still accepting mesh lawsuits from all states. You are encouraged to file your vaginal mesh lawsuit immediately.
Injury Lawyer Network Vaginal Mesh Lawsuit Department Accepting Transvaginal Mesh Injury Cases
The vaginal mesh has been used in mass in women nationwide for uterus, bladder and bowel prolapse as well as urinary incontinence. The only problem is that these Prolene mesh are failing and the lawsuits cannot keep up with this rapid failure rate. This is what happens when manufacturers push their products thru on the FDA "fast track".
A Prolene mesh is a synthetic plastic which has been either attached to the pelvic wall or wrapped around the uretha, When these mesh start to fail it is no laughing matter. Women are suffering severe complications, doctors have not been responsive and vaginal mesh lawyers are filing mesh lawsuits nationwide. There are a number of manufacturers and a huge number of mesh products. Do not be confused, no matter what the name, if you have a failed mesh with symptoms of, increased incontinence, severe pain, infections, bleeding, severe pain during relations, and the mesh protruding into the vaginal canal you may be a victim of a failed vaginal mesh.
See a urogynecologist and call immediately to get on the list for the vaginal mesh lawsuits against
AMS Vaginal Mesh lawyer,
Ethicon vaginal mesh lawyer
C.R Bard vaginal mesh lawyer
Boston Scientific Vaginal mesh lawyer
Coloplast vaginal mesh lawyer
Mentor vaginal mesh lawyer
Latest Vaginal Mesh Lawsuit News
American Medical Systems Caldera Desara Sling Lawsuits
A transvaginal mesh lawsuit was filed against American Medical Systems Inc. in the Superior Court of Los Angeles on June 6, 2013. The complaint stated that the “Caldera Desara Sling System” and “Xenform Mesh” caused the plaintiff to suffer organ perforation and painful intercourse. As a result of the allegedly defective medical device, the plaintiff underwent transvaginal mesh revision surgery and continues to suffer from irreversible damage.
Plaintiff claims “permanent injury”
The plaintiff had the device implanted on May 16, 2008 at the POH Regional Medical Center in Pontiac, Michigan. The product was intended to treat the patient’s stress urinary incontinence and pelvic organ prolapse. However, the lawsuit states that, as a result of the defective device, she has suffered “significant mental and physical pain and suffering, has sustained permanent injury, will likely undergo further corrective surgery, autoimmune disorders, has suffered financial or economic loss, including but not limited to, obligations for medical services and expenses, and has endured impaired physical relations.”
Vaginal mesh attorney makes allegations
The plaintiff’s transvaginal mesh lawyer contends that the manufacturers are guilty of “wrongful conduct, acts, omissions and fraudulent misrepresentations.”
The suit contends that American Medical Systems failed to disclose the risks involved and knowingly released dangerous products into the marketplace. Reported injuries and complications included: mesh erosion, blood loss, neuropathy, infection, inflammation, scar tissue, painful intercourse, blood loss, chronic pelvic pain, nerve damage, fecal incontinence, organ prolapse, and other issues.
Women were forced to undergo surgeries to remove parts of their genitalia, receive injections in the spine, and take prescriptions of medications that they would need to be on indefinitely.
Specific causes of action for the transvaginal mesh lawsuit include:
Strict products liability – failure to warn
Strict products liability – design defect
Breach of implied warranty
Breach of express warranty
Deceit by concealment
Florida Vaginal Mesh Lawyers Seek Damages
The plaintiff, through her transvaginal mesh lawyer, is seeking compensation for past and future damages, past and future economic loss, loss of earnings and impaired earning capacity, past and future medical expenses, past and future mental distress, punitive damages, attorney’s fees, interest, and any other relief the judge deems necessary and proper.
Surgical mesh litigation background
According to the lawsuit, there has been a litany of complaints over vaginal mesh implants for nearly a decade. The most common complaints were hardening of the mesh, erosion, extrusion, chronic pain and painful intercourse. Studies showed the rate of erosion to be 13 percent, with painful intercourse rates as high as 63 percent. Analysis of the first 100 transvaginal mesh procedures revealed a failure rate of 17 percent.
In 2004, the World Health Organization called the vaginal mesh failure rates “unacceptable.” On October 20, 2008, the FDA issued a public health notification describing over 1,000 adverse events related to pelvic mesh repair systems.
To date, more than 4,000 women have secured the services of a qualified transvaginal mesh lawyer to file complaints against manufacturers of vaginal mesh systems. Defendants in these cases include Ethicon (Johnson & Johnson), Boston Scientific, Coloplast, and more.