The final bellwether trial for Bard Avaulta vaginal mesh lawsuits has been postponed by the presiding federal judge until early in the new year.
The lawsuit, filed against C.R. Bard by Carolyn Jones, is the last of four test cases designed to help predict jury responses to certain testimony and evidence which will be presented in thousands of similar suits.
The order, issued by U.S. District Judge Joseph R. Goodwin, was the second time the suit was postponed. Now the pretrial conference is set for Jan. 9, 2014, with the trial to start the next day.
The first bellwether trial for the Bard Avaulta mesh, initially heard by Judge Goodwin in July 2013, was filed by Donna Cisson. The jury awarded Cisson $2 million in damages, including punitive damages. The second bellwether trial, based on a complaint by Wanda Queen, ended in an undisclosed settlement and the third trial was cancelled after the plaintiff voluntarily dismissed her claim.
At this time, Judge Goodwin oversees more than 36,000 vaginal mesh lawsuits consolidated into a multidistrict litigation (MDL). Based on the latest report from the U.S. Judicial Panel on Multidistrict Litigation Nov. 18, 2013, the lawsuits break down to:
- 5,275 against Bard Avaulta
- 11,369 against American Medical Systems
- 7,131 against Boston Scientific
- 11,376 against Ethicon Gynecare
- 1,101 against Coloplast
- 133 against Cook Medical
All of the vaginal mesh lawsuits are based on similar claims that defective designs and inadequate warnings put women at risk for serious complications, including infection and erosion of the mesh into the vagina, among others.
If you or a woman you love has been fitted with vaginal mesh, also known as pelvic mesh, pelvic sling, or bladder sling, to treat pelvic organ prolapse or stress urinary incontinence and have suffered complications, you could be entitled to compensation in a personal injury lawsuit. For more information, schedule a free consultation with an experienced attorney from Berkowitz and Hanna LLC