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Surgical Mesh Lawsuits

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Mesh Maker Accused of Withholding Device Risks

Surgical Mesh Lawsuits

Federal Jury Awards $2 Million in Vaginal Mesh Bellwether Trial

Emails from 2004 and 2007 recently filed in federal court in West Virginia indicate that a Davol executive warned colleagues not to notify Chevron Phillips or other resin makers that the firm was using the material in medical devices designed to be implanted in humans. In a March 2004 email, the Davol executive, Roger Darois, now a Bard vice president, wrote that suppliers like Chevron Phillips “will likely not be interested in a medical application due to product-liability concerns.” He continued in the email, “It is likely they do not know of our implant application. Please do not mention Davol’s name in any discussion with these manufacturers.” According to attorneys for thousands of women who have allegedly suffered injuries caused by CR Bard’s Avaulta line of mesh implants, the files show that Davol officials knew the resin-based mesh wasn’t appropriate for use in humans and attempted to conceal their use of the material.

Mesh Device “Practically Certain to Cause Injuries”

On July 8, New Jersey-based Bard faces a trial in West Virginia over claims that its vaginal mesh device caused 54-year-old Donna Cisson personal injuries. “During the upcoming trial, Bard will provide all the relevant evidence for the jury to consider and render a decision, which will demonstrate that Bard acted appropriately in its acquisition of polypropylene resin,” said Bard vice president Scott Lowry in a statement on June 25. “We believe that the Avaulta polypropylene mesh implant is a safe and effective treatment for pelvic organ prolapse when used in accordance with its instructions.” According to a June 4 ruling by U.S. District Judge Joseph Goodwin over the company emails however, there exists “a genuine issue of material fact about whether Bard was aware its conduct was practically certain to cause injuries.”

 

 

Surgical Mesh Lawsuits

Lawyers for Donna Cisson will use the Davol company emails in the upcoming trial over whether the Bard Avaulta mesh design was defective and whether CR Bard Inc. failed to warn consumers of the side effect risks associated with its product. According to Cisson, the potentially dangerous medical device caused her serious harm, including bleeding, pain and bladder spasms that required additional surgeries. If jurors hold Bard liable for compensatory damages and determine that the company’s actions justify the additional award, Cisson may be entitled to seek punitive damages in the lawsuit as well. In addition to Cisson’s complaint, Judge Goodwin is overseeing 20,000 additional lawsuits filed against Bard, Endo Health Solutions Inc.’s American Medical Systems, Johnson & Johnson, Cook Medical Inc., Coloplast Corp., and Boston Scientific Corp., alleging injuries from potentially defective vaginal mesh implants.

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According to estimates by the U.S. Food and Drug Administration (FDA), roughly 300,000 women underwent pelvic organ prolapse (POP) surgery in 2010, and surgical mesh was used in a whopping one-third of the procedures. That same year, more than 250,000 women underwent surgery for stress urinary incontinence (SUI), and about 80% involved vaginal mesh implants, the FDA reported. If you have suffered major complications that you believe to be related to Bard Avaulta mesh or another potentially dangerous medical device, our consumer advocates can put you in touch with a knowledgeable lawyer in your area who can help you pursue financial compensation for your defective device-related injuries, medical expenses, and pain and suffering.

Source: http://www.bloomberg.com/news/2013-06-26/bard-used-mesh-plastic-found-unfit-for-humans-by-supplier.html

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