C.R. Bard Inc.’s motion to delay the upcoming vaginal mesh bellwether trials was denied on Jan. 9. The vaginal mesh lawsuits selected for early trial dates will proceed as planned on Feb. 14.

The vaginal mesh manufacturer submitted the original motion in December to U.S. District Judge Joseph R. Goodwin. The judge denied the request to delay the bellwether trials concerning vaginal mesh complications on the basis that Bard “has not demonstrated good cause,” according to Judge Goodwin’s order.

Bard initially requested the motion due to remarks reported in the media concerning the numerous vaginal mesh lawsuits. Several reports have publicized Judge Goodwin’s remarks about the vaginal mesh complications.

Previously, the West Virginia judge stated that he would be concerned if he were a stockholder about the fact that Bard may have to pay for a multi-million dollar vaginal mesh MDL if the company failed to settle outside of court.

Bard claimed this comment and other similar comments may result in a prejudiced jury and filed the motion to delay vaginal mesh bellwether trials until after the media interest had quieted.

Bard stated, “Based on reports in the news media and by analysts, potential jurors could readily conclude that the court believes: (i) Bard is liable for plaintiff’s alleged injuries; (ii) that presumptive liability should expose Bard to billions of dollars in damages; (iii) individual plaintiffs should recover substantial amounts, based upon multiple million-dollar verdicts; and (iv) Bard should settle all MDL cases.” 

In response to Bard’s request, vaginal mesh plaintiffs stated that reports on litigation are not uncommon and often did not result in postponing the trial process.

The vaginal mesh bellwether trials will proceed as scheduled on Feb. 18 where the claim filed by an Ohio resident will be brought before the judge and jury. Bellwether trials are not representative of the outcome of all vaginal mesh complaints in an MDL but may help gauge how a jury will respond to certain testimony and evidence. They may also help potential settlement negotiations.

Vaginal Mesh Complications

Plaintiffs in vaginal mesh lawsuits and in the MDL have alleged that Bard’s Avaulta devices caused serious vaginal mesh complications such as bleeding, pain during sex, bladder spasms, or scarring. The product allegedly often degraded and had the potential to break down.

Vaginal mesh, transvaginal mesh, and bladder slings have been under investigation for causing serious vaginal mesh pain. Manufacturers including Bard, Ethicon, Boston Scientific, American Medical Systems (AMS), Coloplast, Neomedic, and Cook Medical have been named in thousands of vaginal mesh lawsuits and may be liable for millions, if not billions, of dollars.

In one vaginal mesh bellwether trial that went before Judge Goodwin in July 2013, the plaintiff was awarded $2 million over allegations of vaginal mesh pain.

Due to the large number of vaginal mesh lawsuits filed against Bard alone, hundreds of the claims have been consolidated into several groups or mini-groups and are scheduled to go through the legal system in waves.

This Vaginal Mesh MDL is MDL No. 2187, in the U.S. District Court for the Southern District of West Virginia, Charleston Division.