Bard, Doctor Ordered to Pay $5.5 Million Over Vaginal Mesh Implant

Posted on July 30, 2012

A jury in California has found C.R. Bard, Inc. liable for $3.6 million in damages for injuries caused by its Avaulta Plus vaginal mesh implant. This was the first case — among the hundreds of lawsuits pending against Bard and other vaginal mesh manufacturers — to go to trial over the controversial medical devices.

The attorneys for the plaintiff claimed that after Bard’s Avaulta Plus had been implanted in their client in 2008, it eroded, subsequently leaving the woman incontinent and in chronic pain. The lawyers claimed the transvaginal mesh manufacturer had been negligent in its handling of the devices.

The jury apparently agreed with that contention and awarded the plaintiff and her husband a total of $5.5 million in compensation for pain and suffering, medical expenses, and other damages. It held that Bard was 60 percent at fault and the woman’s doctor was responsible for 40 percent of the liability.

“[The jury] seemed to focus on evidence we produced showing that Bard didn’t properly test the product before putting it on the market,” one of the attorneys told Bloomberg News.

Bard officials said they were disappointed by the decision and planned to appeal.

Meanwhile, an attorney for women whose vaginal mesh implant cases are consolidated in federal court in West Virginia found the news heartening. “We view this verdict as a promising outcome that underscores the compelling case against the mesh makers and promoters,” he told Bloomberg via email.

If you believe you’ve suffered serious injuries due to a defective vaginal mesh device, the Jacksonville transvaginal mesh attorneys at Farah & Farah are on call to answer questions about your legal options. Call us today at (800) 533-3555 to see if you have a case. You don’t have to suffer in silence.

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