In ongoing litigation against vaginal mesh manufacturer C.R. Bard Inc., the plaintiffs have asked the presiding West Virginia federal judge to not disqualify their expert witness based solely on the fact that he previously testified for the defendant.

Doctor Neeraj Kohli, the expert in question, previously testified for Bard in California federal court during 2010 concerning allegations that Bard transvaginal mesh products cause serious complications in women. However, according to the plaintiffs of the Bard vaginal mesh litigation, Dr. Kohli did not receive confidential information regarding Bard vaginal mesh implants during his time as an expert for the defense.

Dr. Kohli was set to testify at two upcoming Bard vaginal mesh bellwether trials as a part of the vaginal mesh MDL, but Bard stepped in and moved to disqualify the doctor as a viable expert for the plaintiffs. The company especially took issue with an article Dr. Kohli published in a medical journal regarding the allegations surrounding Bard vaginal mesh implants.

According to the plaintiffs of the vaginal mesh MDL:

“Dr. Kohli authored an article that discussed the controversy and concerns regarding serious complications associated with transvaginal mesh kits used for [pelvic organ prolapse] repair, and the incomplete data regarding these products, which resulted in Bard terminating his services. This is hardly the sort of endorsement one would expect from an alleged ‘go-to’ defense expert who was allegedly helping develop ‘defense strategies’ and ‘defense themes’ generally.”

Additionally, the plaintiffs claim Dr. Kohli based his opinions on the vaginal mesh implants and the controversy surrounding Bard on his own experience and knowledge as one of the leading urogynecologists in the nation, and not from any information disclosed to him by the medical device manufacturer.

Bard has not provided any evidence that the company shared defense strategies or identified specific information that they allegedly gave Dr. Kohli that would disqualify him from functioning as an expert witness. Additionally, prior case law rulings have stated that providing any expert witness with case strategies is not enough to disqualify said expert as a potential witness.

The court has yet to make a decision regarding Dr. Kohli’s function as an expert witness in this Bard vaginal mesh MDL.

The Bard Vaginal Mesh MDL is In re: C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, Case No. 2:10-md-02187, in the U.S. District Court for the Southern District of West Virginia.

Background on Vaginal Mesh Litigation

Vaginal mesh products (or transvaginal mesh systems) are medical devices made from porous synthetic materials and implanted in the body to treat pelvic organ prolapse and urinary incontinence.

Until a few years ago, vaginal mesh was considered a relatively safe and effective medical device. However, in July 2011, the FDA released a Public Health Notification warning consumers of the dangers allegedly associated with the use of vaginal or transvaginal mesh.

Some vaginal mesh complications consumers may experience include:

• Pain during intercourse
• Urinary issues
• Pelvic organ prolapse
• Scarring in the vaginal area
• Perforated bowels, bladder, and/or blood vessels
• Erosion of mesh into the vagina
• Infection
• Various organ injuries

Many of the vaginal mesh side effects listed above require surgeries and treatments, including vaginal mesh removal surgery, IV therapy, blood transfusions, and surgical draining of abscesses and hematomas. As a result of these alleged injuries, thousands of women across the country have filed vaginal mesh lawsuits or joined vaginal mesh class action lawsuits.