A manufacturer of surgical mesh is facing trial in New Jersey state court. Although C.R. Bard Inc. has faced more than a hundred lawsuits over its medical products before, this is the first one to go to a jury.
A New Jersey resident claims that she has suffered chronic pain as a result of the defective mesh. The lawsuit contends that Bard knew about the problems but failed to warn patients and their doctors.
Product liability trial centers on surgical mesh
Bard manufacturer two transvaginal mesh implants, Avaulta and Align, which have since been discontinued. Mary McGinnis had both products implanted as treatment for bladder prolapse and urinary incontinence. According to her lawsuit, the mesh reacted chemically with her vaginal tissue and deteriorated. She has suffered ongoing abdominal pain, loss of bladder function, sexual dysfunction and three invasive surgeries to remove the failed mesh.
The lawsuit focuses on a polypropylene resin that was known to be incompatible with implantation and contact with bodily fluids. Bard countered that its products were thoroughly tested and that the plaintiff’s pain stems from other medical conditions not caused by their mesh.
Mixed results in transvaginal mesh litigation
C.R. Bard Inc. and Johnson & Johnson, both headquartered in New Jersey, have been sued over their transvaginal surgical mesh products. Three of the dozens of suits against Bard went all the way to trial. A California jury verdict in 2012 and a federal jury verdict in West Virginia in 2013 resulted in jury awards of $5.5 million and $2 million. But a trial in Missouri in 2016 involving a Bard mesh and another manufacturer resulted in a defense verdict, despite compelling testimony about the dangers of polypropylene and other flaws with the product.
Product liability is a complex and expensive. Ginsberg & O'Connor has had a number of big recoveries in defective product and medical malpractice cases, including pharmaceuticals, medical devices, surgical errors and complications of surgery.
Source: Courtroom View Network (CVN.com)