C.R. Bard Vaginal Mesh Implant Lawsuits Move Toward Trial

On June 4, Judge Goodwin denied a motion for summary judgment by C.R. Bard that would have disallowed punitive damages in the first vaginal mesh lawsuits to go to trial in the C.R. Bard MDL. Partial summary judgment means that he decides whether or not certain portions of a plaintiff’s claim regarding C.R. Bard’s Avaulta mesh implants will be decided by a jury. Developments currently favor both sides. The defense team will still have to convince a jury that C.R. Bard bladder sling implant failures should not merit punitive damages, added on as a disincentive to make or market dangerous medical devices.

However, no vaginal mesh implant lawsuit attorney will be able to argue on manufacturing defect claims because there was not enough evidence to support C.R. Bard departing from commonly accepted practices in design or production. Still, the evidence that the plaintiffs have in favor of the punitive damages claim could improve the likelihood of success in front of a jury.

Specifically, many women who complain of Avaulta transvaginal mesh implant side effects such as erosion and organ perforation found that the entire area surrounding the device was inflamed. C.R. Bard reportedly used a resin to strengthen the mesh itself that carried a warning to avoid use “in medical applications involving permanent implantation in the human body or permanent contact with internal body fluids or tissues.”

That is similar to other complaints made by women who received a vaginal mesh implant from other manufacturers and said there was pus and other signs of infection including inflammation and the implant becoming dislodged. Many say that the use of the plastic polypropylene, done to increase the longevity of the stress urinary incontinence treatment, meant that patients had to deal with a biologically incompatible material.

Women who have suffered from vaginal mesh side effects as a result of surgical implantation to treat stress urinary incontinence may have legal options. Learn about yours and get a free consultation with a vaginal mesh implant lawsuit attorney at the Vaginal Mesh Sling Class Action Lawsuit Investigation. Filling out the short form is the first step in establishing one’s eligibility to file a claim, as well as learn what the process will entail. As trials continue for many of the makers of these devices, it is important to act now to ensure you get the legal remedy the facts of your case merit.