C.R. Bard Lawsuits for Avaulta Vaginal Mesh Injuries End in Verdict and Settlement

Update to post below: Our vaginal mesh lawsuits have settled and we are no longer able to take these cases. If you have any questions regarding the settlement, please call 1-888-377-8900 (toll free) to talk to an attorney.

C.R. Bard, Inc., based in Murray Hill, New Jersey, has been sued by over 8,000 women who allege certain of the company’s Avaulta vaginal mesh products (used for pelvic organ prolapse) caused them serious harm. Some women claim the Avaulta mesh eroded into their vagina, bladder or rectum. Excision surgery in these cases is extremely difficult and may need to be repeated several times to get all of the mesh out. In some cases, it is not possible to fully remove the mesh.

The pretrial phase of these federal lawsuits (lawsuits filed in a U.S. District Court) has been centralized in multidistrict litigation (MDL No. 2187). This is not a class action suit. Our lawyers are handling some of these cases, and they can explain how you will not lose your right to go to trial by joining the MDL, which would be the case if this were a class action.  You can contact our lawyers for a free consultation here.

With MDL, evidence gathering and pretrial motions are handled by a panel of lawyers chosen by the federal judge in charge of the cases. In addition, the U.S. District Court judge presiding over the MDL chooses lawsuits for bellwether trials, which are meant to help each side have a good idea what the cases are worth. This is done to encourage settlement of the claims.

In the C.R. Bard MDL, the judge chose the following lawsuits for the bellwether trials:

  • Cisson, et al. v. C. R. Bard, Inc. 2:11-cv-00195 – Litigated, verdict of $2 million
  • Queen, et al. v. C. R. Bard, Inc. 2:11-cv-00012 – Confidential settlement
  • Rizzo, et al. v. C. R. Bard, Inc. 2:10-cv-01224
  • Jones v. C. R. Bard, Inc. 2:11-cv-00114

The Cisson case was tried, and she won a $2 million verdict. Jurors deliberated about 12 hours before finding C.R. Bard liable for injuries suffered by Donna Cisson from a Bard Avaulta vaginal mesh product.  The jury awarded her $250,000 in compensatory damages (medical expenses, lost income, pain and suffering, emotional distress) and $1,750,000.00 in punitive damages (an amount meant to punish the company for wrongdoing).

A week after C.R. Bard lost the Cisson trial, the company entered into a confidential settlement agreement with the woman who was supposed to go to trial next, Wanda Queen. Ms. Queen alleged the Avaulta mesh caused pain and was responsible for her needing six surgeries.

The Rizzo and Jones bellwether trials are scheduled for October of this year.

If you have had any problems with a vaginal mesh product (C.R. Bard is not the only manufacturer being sued), you should contact our lawyers for a free consultation.

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Category: Product Liability
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