Parker Waichman LLP

Following First $2 Million Verdict, C.R. Bard Settles Second Transvaginal Mesh Lawsuit

Transvaginal mesh device maker, C.R. Bard Inc. has agreed to settle litigation involving a woman’s claims that its device caused her injury. The case is the second federal trial of lawsuits brought over the devices and was scheduled to begin in West Virginia, according to Bloomberg News. Attorneys for the woman just advised a judge […]

bard_settles_second_lawsuitTransvaginal mesh device maker, C.R. Bard Inc. has agreed to settle litigation involving a woman’s claims that its device caused her injury.

The case is the second federal trial of lawsuits brought over the devices and was scheduled to begin in West Virginia, according to Bloomberg News. Attorneys for the woman just advised a judge in Charleston, West Virginia, that her claims had been settled over allegations that C.R. Bard’s Avaulta device caused her pain and forced her to have to undergo six surgeries. Settlement terms were not released and C.R. Bard spokesman, Scott Lowry, said that the accord covered just the claims in this one case and was not part of a larger pending group of thousands of cases, Bloomberg News reported.

The settlement followed last week’s award, also in West Virginia, in which C.R. Bard was ordered to pay the plaintiff $2 million in damages, according to Bloomberg News. “This is a large, complex litigation and Bard will consider each case based on the facts and merits,” Lowry said in an emailed statement to Bloomberg News. “We will continue to vigorously defend against all other lawsuits involving Avaulta.”

C.R. Bard faces more than 8,000 claims over the Avaulta device, which is tied to allegations of organ damage and painful sexual intercourse when the devices erode. Johnson & Johnson, Endo Health Solutions Inc., and Boston Scientific Corp.—other device makers that manufacture transvaginal mesh devices—face similar claims that the devices, which are threaded in place through incisions made in the vagina, shrink, causing serious injuries, according to Bloomberg News.

The implant cases brought against C.R. Bard and other device makers, have been consolidated before U.S. District Judge Joseph Goodwin in Charleston for pretrial proceedings. Court dockets indicated that two other trials are set for October, Bloomberg News reported.

Thousands of women were recipients of transvaginal mesh devices, which have come under intense scrutiny as many women who were implanted with these devices are reporting complications allegedly related to their defects. Transvaginal mesh devices were approved to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP), conditions most commonly caused by weakened pelvic muscles. The devices are meant to help correct these conditions by providing additional strength to the pelvic walls.

The vaginal mesh devices were approved through a U.S. Food and Drug Administration (FDA) expidited process known as the 510(k), under which a formal review for safety and efficacy is neither required nor performed. Because the 510(k) route has been used to gain clearance for transvaginal mesh and other controversial devices, the process has drawn increasing criticism.

The FDA has stated that complications linked to transvaginal mesh implants are “not rare” and warned that use of such devices may actually be more harmful when compared to alternative methods for treating POP. The FDA also recently reported that the most common complications associated with transvaginal mesh may include:

  • Exposure, extrusion, or protrusion (mesh erosion through the vagina)
  • Pain
  • Infection
  • Bleeding
  • Pain during sexual intercourse (dyspareunia)
  • Organ perforation
  • Urinary problems
What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
When I signed up with the Victim's Compensation Fund ("VCF"), Parker Waichman ("PW") guided me through the entire process. Without their guidance I wouldn't have gotten through it. They do outstanding work and they care deeply for their clients. Tina Morace is pleasant, patient, and very professional. She held my hand through the process of getting all the documents together. Tina is a valuable employee at PW, I hope PW appreciates her as much as I do.
Amy Whitaker
4 years ago
5 Star Reviews 150
This law firm is excellent. The staff is always accessible, concerned, caring, and knowledgeable. My law team of Julie Trinidad, Maryann Galizzi, and Nurse Joanne are consistently working to assist and support me throughout this process. Thank you all.
Mike Primo
5 years ago
5 Star Reviews 150
Parker Waichman was extremely professional and helpful in handling our WTC case. Christina Morace, in particular, was amazing in helping us complete all the necessary documents and clearly explaining the process for our claim. Christina did a great job communicating with us via the phone and email. She set the proper expectations and the result was getting our claim approved. Thank you again and we clearly recommend using Parker Waichman.
Kevin Killian
10 months ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038