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Federal Judge Refuses to Delay Bard Avaulta Mesh Trial

Federal Judge Refuses to Delay Bard Avaulta Mesh Trial

January 14, 2015 — Next month’s trial involving C.R. Bard’s Avaulta vaginal mesh will not be delayed, despite Bard’s complaints about comments made by the judge overseeing the litigation, according to Law360.

C.R. Bard is facing about 12,000 lawsuits in a consolidated Multi-District Litigation (MDL) overseen by District Judge Joseph R. Goodwin. Last month, Judge Goodwin said he couldn’t imagine why a corporation and its shareholders wouldn’t advise a settlement when “facing potentially billions of dollars in verdicts.”

Bard argued that media coverage of Judge Goodwin’s comments had “tainted” the jury pool and “prejudged” Bard’s liability.

After denying the trial delay, Judge Goodwin said:

“I have carefully considered defendant’s motion and find that defendant has not demonstrated good cause, as is required by Rule 16 of the Federal Rules of Civil Procedure, for the relief sought in the motion.”

The drama is surprising given that Bard already agreed to settle about 500 lawsuits for $21 million last October, paying a modest $42,000 average per plaintiff. Almost simultaneously, Endo Pharmaceuticals paid about $48,000 per plaintiff to settle 10,000 lawsuits for $1.2 billion.

All of the lawsuits involve similar allegations — namely, that vaginal mesh is a defective medical device that is prone to erosion, infection, chronic pain during intercourse, disfigurement, nerve damage, incontinence, and the need for multiple revision surgeries.

Do I have a Vaginal Mesh Lawsuit?

The Schmidt Firm, PLLC is currently accepting vaginal mesh induced injury cases in all 50 states. If you or somebody you know has been injured by C.R. Bard’s Avaulta mesh implant, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.

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