A U.S. federal judge has openly voiced his frustrations in the ongoing Bard vaginal mesh multidistrict litigation (MDL). Presiding U.S. District Court Judge Joseph Goodwin bluntly criticized C.R. Bard’s apparent inability to settle any vaginal mesh lawsuits, and has suggested the medical device manufacturer may be risking bankruptcy if all the cases filed by thousands of women go to trial in federal court.

During a Dec. 9 court hearing, U.S. District Court Judge Joseph Goodwin made an unusual move in openly faulting Bard’s settlement attempts, and additionally stated that federal juries are likely to rule for billions of dollars in damages awards against medical device manufacturers like Bard. Based on the multi-million dollar verdicts handed out by juries in the first vaginal mesh lawsuits to go to trial during the last year, Judge Goodwin’s prediction may not be far off.

According to recent court reports, over 70,000 women who have allegedly suffered bodily harm or other complications after using a vaginal mesh product are pursuing vaginal mesh lawsuits against Bard, Ethicon, AMS, Boston Scientific, and other pelvic mesh manufacturers.

Of the cases currently pending trial in federal court, 10,000 vaginal mesh lawsuits allege female consumers experienced serious problems when using Bard’s Avaulta vaginal mesh product. There are several thousand more vaginal mesh lawsuits filed against Bard in numerous states across the nation.

Last month, two consolidated vaginal mesh lawsuits filed by four women against Boston Scientific went to trial in Florida and West Virginia federal courts. The combined damages awarded to the plaintiffs totaled $26.7 million.

Additionally, in September, Boston Scientific was ordered to pay $73 million by a Texas jury, while Johnson & Johnson’s subsidiary Ethicon was mandated to pay $3.27 million in damages to women in a federal court also presided over by Judge Goodwin.

So far, Bard has only settled a few hundred cases despite the ever-increasing number of vaginal mesh lawsuits lost by the company and the mounting number of court and settlement fees.

Close to 200 Bard vaginal mesh lawsuits are set to go to trial during the 2015 year per Judge Goodwin’s order.

Background on Vaginal Mesh

Vaginal mesh products (also known as transvaginal mesh systems) are medical devices made from porous synthetic materials. These vaginal slings are implanted in the body to treat pelvic organ prolapse (POP) and urinary incontinence.

Vaginal mesh was considered a relatively safe and effective medical device until a few years ago when vaginal mesh complications began to arise in medical and consumer reports.  In July 2011, the U.S. Food and Drug Administration (FDA) released a Public Health Notification to warn consumers of the possible health dangers associated with the use of vaginal or transvaginal mesh.

Some vaginal mesh side effects 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

Vaginal Mesh Lawsuits

Of the vaginal mesh side effects listed above, many require additional surgeries and treatments. As a result of these alleged injuries, subsequent treatments and medical burdens consumers may have endured, thousands of women across the country have filed vaginal mesh lawsuits or joined vaginal mesh class action lawsuits.

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