C.R. Bard Vaginal Mesh MDL Hits Setback with Delayed Trial

Judge postpones third bellwether trial in C.R. Bard MDL, where 6,000 vaginal mesh lawsuits are pending.

Federal litigation concerning thousands of lawsuits against vaginal mesh maker C.R. Bard hit a snag earlier this month when the U.S. District Judge presiding over the cases postponed the third bellwether trial in the C.R. Bard MDL.

On Jan. 8, U.S. District Judge Joseph R. Goodwin granted a request by the plaintiff’s lawyers to postpone the trial until their key witness could become available. According to their motion, Dr. Ostergard could not provide testimony on the original trial’s timeline. Dr. Ostergard’s wife has fallen ill, leaving him unable to show up for his originally scheduled court appearance. Since Ostergard was a key witness, the entire bellwether case has been postponed. The judge overseeing the MDL has stated that the new date is “to be determined.”

The plaintiffs argued that the loss of Ostergard’s testimony outweighs the inconvenience of the delay. C.R. Bard’s legal team did not challenge the motion to delay the bellwether case.

Judge Goodwin is currently presiding over 6,000 C.R. Bard Avaulta lawsuits, and thousands more pending in other vaginal mesh MDLs, including 11,390 AMS vaginal mesh lawsuits, 11,589 Ethicon Gynecare mesh lawsuits, 7,310 Boston Scientific mesh lawsuits, 1,099 cases involving Coloplast mesh lawsuits and 133 Cook Medical mesh lawsuits.

Vaginal mesh is a type of surgical implant used to support the organs of the pelvis when their normal support structures weaken, such as after childbirth or from pelvic organ prolapse. However, this type of transvaginal mesh has been alleged to cause several serious complications. Since these complications have been reported across different brands, models, and manufacturers of pelvic mesh implants, several different group lawsuits have been filed.

Litigation against vaginal mesh manufacturers has taken the form of multidistrict litigation (MDL). An MDL is similar to more familiar class action lawsuits. In both MDLs and class action lawsuits, a group of plaintiffs allege similar harms caused by a single plaintiff. The main difference between MDL and class action lawsuits is that in an MDL, all of the injured parties retain their own legal representation, while in a class action lawsuit, all of the plaintiffs have a single lawyer, or team of lawyers.

The C.R. Bard MDL is formally titled In Re: C.R. Bard Incorporated, Pelvic Repair System Product Liability Litigation, MDL No. 2187, in the U.S. District Court for the Southern District of West Virginia.

Help for Victims of Vaginal Mesh Complications

If you had revision surgery to repair damage caused by vaginal mesh, or you have surgery scheduled, you may be able to take legal action against the device manufacturer. These companies have already paid out millions of dollars in vaginal mesh lawsuit settlements and are continuing to settle cases. Don’t delay – see if you qualify to pursue compensation for medical bills, pain and suffering, and other damages by filling out the short form at the Transvaginal Mesh, Bladder Sling Class Action Lawsuit Investigation.