Numerous vaginal mesh manufacturers currently face product liability litigation. The plaintiffs accuse Bard’s vaginal mesh inserts of painful injuries and failure to warn consumers about potential dangers. One maker, C.R. Bard, is named in more than 6,000 cases. Recently, a federal district court judge consolidated all vaginal mesh cases for efficiency and accuracy purposes. The consolidated claims involve Bard’s Avaulta pelvic mesh device. In fact, Bard pulled Avaulta implant devices off the market in 2012. This move happened after the U.S. Food and Drug Administration (FDA) ordered all vaginal mesh makers to research their impact on pelvic health, Bloomberg reported.
Bard Tried to Block Memo Evidence At Trial
In addition, Bard’s internal memos will play a role in the upcoming Avaulta implant bellwether trial. According to Mass Device, Bard asked U.S. District Court for Western Virginia’s Judge Joseph Goodwin to keep certain memos out of litigation. The company claimed these memos occurred after plaintiffs became implanted with vaginal mesh devices, therefore irrelevant to the case. In order to support this claim, Bard cited a federal provision against “the introduction of evidence showing measures taken to remediate a defect that would have prevented a prior injury.”
The six memos were written by the head of Bard’s Advanced Surgical Concepts division in 2008 and 2009. The first memo coincided with the FDA’s vaginal mesh warning in 2008. Both memos discussed Bard’s options for future vaginal mesh implants, including potentially safer construction materials. The judge ruled these memos admissible into evidence since Bard knew those vaginal mesh devices were unsafe and carried injury risks, according to Mass Device.
Avaulta Implant Issues
The FDA included Avaulta implant devices in its 2008 vagina mesh warning. In fact, Bloomberg reports that a jury ordered Bard to pay millions in Avaulta implant damages after their first 2012 product liability lawsuit. The first federal Avaulta implant lawsuit went to trial in August 2013. The company paid the plaintiff $2 million in damages. Currently, more than 8,000 federal Avaulta claims are pending. Those plaintiffs allege that pelvic mesh caused internal pain from erosion as well as serious health complications, according to Bloomberg.
What You Can Do
If you suffered pelvic mesh injuries, you may be eligible for financial compensation. Complete a free pelvic mesh case review today. Afterwards, an attorney will contact you to discuss your case and see if you may qualify for financial compensation.