The federal judge overseeing the massive multidistrict litigation (MDL) involving vaginal sling manufacturer C.R. Bard has appointed a special master in an effort to facilitate a settlement between the company and the tens of thousands of women who have filed vaginal mesh lawsuits.

In December 2014, U.S. District Judge Joseph Goodwin urged lawyers representing Georgia-based C.R. Bard to consider settling the some 30,000 vaginal mesh lawsuits based on “a material fact that five different state forums have, on average, returned verdicts of over a million dollars per plaintiff.”

The large vaginal mesh jury verdicts do not bode well for C.R. Bard, which could potentially end up owing billions of dollars.

Judge Goodwin appointed as special master Ellen Reisman, the former national counsel for American Medical Systems, whose parent company, Endo International, last year agreed to an $830 million settlement to resolve tens of thousands of vaginal mesh lawsuits.

Goodwin said Reisman’s vast experience would be instrumental in helping all of the parties reach an amicable resolution. If a transvaginal mesh lawsuit settlement agreement cannot be reached, Goodwin said the cases would return to their appropriate district courts for trials to begin, something that could take decades considering only about 2,000 civil cases go to trial each year in the entire federal court system.

C.R. Bard is one of seven vaginal mesh manufacturers involved in multidistrict litigation across the country.

What is Vaginal Mesh/Vaginal Sling?

Vaginal slings are implantable, mesh, pelvic support devices designed to treat pelvic organ prolapse and relieve pain, discomfort, and bladder control issues that accompany the condition.

The vaginal mesh implants – typically made from a porous synthetic or other organic material – are surgically implanted and designed to strengthen weakened vaginal walls in patients suffering from those conditions, which typically affect women who have had children or are at an advanced age. The bladder protrudes into the vaginal area, causing pain and discomfort.

Transvaginal mesh plaintiffs allege that the vaginal mesh implants erode inside the body, damaging organs and causing extreme pain. Surgery is required to remove the implant.

In 2012, the FDA ordered manufacturers of vaginal mesh products to study rates of organ damage and complications linked to the implants.

Vaginal Mesh Litigation

In August, a federal jury awarded a woman more than $2 million in damages for injuries caused by her C.R. Bard vaginal mesh implant. It is one of several recent verdicts against the manufacturer.

In November, a California appeals court affirmed a 2012 verdict for $3.6 million, and the first case to go to trial against C.R. Bard, to a woman who suffered injuries from a vaginal mesh implant. C.R. Bard and the woman’s gynecologist shared responsibility for the injuries, the jury found. The physician, according to jurors, had 40 percent responsibility. The total verdict was for $5.5 million.

In addition to C.R. Bard and American Medical Systems, other vaginal mesh manufacturers facing litigation over their devices include Boston Scientific, Ethicon, Neomedic, Coloplast and Cook Medical.