A jury has been empaneled for the second vaginal mesh trial against trasvaginal mesh manufacturer C.R. Bard. As Meshrecall.org previously reported, a mistrial was declared in the first trial because an expert witness allegedly gave testimony the judge felt was prejudicial. This is the first of four bellwether trials set to begin against C.R. Bard in federal court.
In the coming days the jury will hear about manufacturing defects and known problems with the transvaginal mesh implants. This includes evidence C.R. Bard’s Avaulta transvaginal mesh product was made with polypropylene mesh product material prohibited for use in humans. The Avaulta products used improper resin, which warned “Do not use . . . in medical applications involving permanent implantation in the human body or permanent contact with internal body fluids or tissues.” Despite this warning, C.R. Bard used the resin.
The jury also will likely be told C.R. Bard concealed from the resin manufacturer its resin was used for human implantation. Internal emails show the defendants said it was “important” to prevent the resin manufacturer from discovering the prohibited resin was used in their transvaginal mesh product.
First Vaginal Mesh Trial
At the first vaginal mesh trial, Meshrecall.org reported the jury was previously told CR Bard officials knew its transvaginal mesh products contained plastic unfit for human implantation, and the jury was told Bard concealed this fact from women and from doctors who used the vaginal mesh products. The resin warning “was a red flag to Bard, but they just went on by it and ignored it,” jurors were told.
Bard faces at least 3,600 claims over its Avaulta Plus transvaginal mesh product. Plaintiffs allege the plastic mesh can degrade, shrink, and injure women. The cases have been consolidated before U.S. District Judge Joseph Goodwin in Charleston, West Virginia.
If you received a vaginal mesh product via transvaginal implantation and are suffering from complications associated with vaginal mesh, contact us. The attorneys at Doyle Lowther LLP have represented thousands of individuals injured by defective medical devices and pharmaceuticals and would be happy to discuss your potential legal claims with you. Contact us free at (888) 933-5770, or click here to submit a request for a free, confidential legal consultation with a female professional.