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First Federal Bard Avaulta Vaginal Mesh Case Ends in Mistrial

Earlier this week, U.S. District Judge Joseph R. Goodwin declared a mistrial in the first transvaginal mesh lawsuit to go before a jury.

According to Bloomberg, during the second day of the Bard Avaulta vaginal mesh lawsuit brought by Donna Cisson, gynecological expert witness Lennox Hoyte made mention of the fact that the product was recalled from the market. This violated a pre-trial ruling which ordered that evidence of this recall must be excluded because it could cause the jury to be biased.

In addition to presiding over more than 3,400 lawsuits based on claims that defendants suffered serious internal injuries after being implanted with Bard mesh, Judge Goodwin is also presiding over similar transvaginal mesh lawsuits against AMS, Ethicon, Boston Scientific, Coloplast and Cook Medical. Cisson’s case was the first of these federal lawsuits to go to trial.

The vaginal mesh lawsuits were brought based on allegations that women who were implanted with these medical devices to treat pelvic organ prolapse or stress urinary incontinence suffered serious and sometimes permanent injuries. According to personal injury lawyers for the plaintiffs, vaginal mesh, sometimes known as pelvic mesh or bladder sling, can cause a number of problems, including:

  • Vaginal mesh erosion
  • Vaginal mesh hardening
  • Organ perforation
  • Infection
  • Pain
  • Scarring
  • Recurrence of pelvic organ prolapse
  • Incontinence

Ms. Cisson’s case will likely resume later this month, once a new jury has been selected. Judge Goodwin is slated to begin hearing lawsuits against AMS, Ethicon and Boston Scientific in December 2013. There are also thousands of personal injury lawsuits regarding vaginal mesh injuries pending in multiple state courts at this time.

In Connecticut, attorneys from Berkowitz and Hanna LLC are available to investigate transvaginal mesh lawsuit claims against a number of manufacturers. If you or a woman you love has suffered injury after being implanted with vaginal mesh, you may be entitled to compensation for your damages. To learn more about your rights, contact a personal injury lawyer experienced in medical device product liability litigation to have your claim reviewed in a legal consultation.