C.R. Bard recently asked for a delay in the bellwether trials concerning vaginal mesh complications. Bard has been faced with hundreds if not thousands of vaginal mesh lawsuits. U.S. District Judge Joseph Goodwin suggested that Bard may have to pay billions unless they decide to settle.

Bard created Avaulta mesh and other transvaginal mesh and bladder sling products in order to treat pelvic organ prolapse and female stress urinary incontinence. After hundreds of women complained of Bard vaginal mesh complications, especially pelvic organ prolapse, vaginal mesh lawsuits were quick to follow.

Bard Avaulta vaginal mesh lawsuits were consolidated before Judge Goodwin in 2010. Since then, several bellwether trials have occurred. These bellwether cases are often used to test how juries might respond to evidence and testimony that both parties may use. While the outcome of bellwether trials does not guarantee a failure or success for later cases, it may encourage a settlement.

Three vaginal mesh bellwether trials were originally scheduled for the first round. One plaintiff won $2 million. The second vaginal mesh trial was settled; the third was withdrawn by the plaintiff.

The second round of bellwether trials was scheduled to begin on Feb. 18, 2015. Bard issued a motion on Dec. 24, 2014 that asked the court to postpone these trials. Their claim was that the “recent media coverage” may lead to an unfair trial.

Bard’s unwanted attention originally came from Judge Goodwin’s statement that suggested the defendant was being unwise. “I can’t imagine a corporation facing potentially billions of dollars in verdicts wouldn’t find it advisable to try to achieve a settlement for a much lesser sum,” the judge said.

Thousands of women have reportedly experienced alleged vaginal mesh complications such as pain, nerve damage, pelvic organ prolapse, and other complications from Bard and other vaginal mesh manufacturers. Millions of dollars have already been issued in vaginal mesh settlements. Judge Goodwin gave his opinion based on the previous vaginal mesh lawsuits that have been successful.

Bard also wished to delay the bellwether trials until after another motion, currently pending, was ruled on. The company did request, however, that “the Court continue the [February 18] trial.”

Due to the large number of vaginal mesh lawsuits and the slow legal process, three large waves of Bard vaginal mesh lawsuits will begin proceedings.

The first two waves, consisting of 185 cases, were required to be trial ready by January 2015. The third wave, with nearly 300 vaginal mesh lawsuits, will follow with trials most likely to be scheduled in 2016. A “mini-wave” (60 cases) was issued a schedule on Dec. 10, 2014 with a goal of having the cases ready for trial by late 2016.

Vaginal mesh lawsuits have been filed by thousands of women across the country against vaginal mesh manufacturers such as Bard, Boston Scientific, Ethicon, Coloplast, Cook Medical, and Neomedic. Plaintiffs have alleged that vaginal mesh manufacturers failed to warn against dangerous vaginal mesh complications and created a faulty product. All claims have been consolidated before Judge Goodwin.