May 8, 2012 — The federal trial against the manufacturer of transvaginal mesh, C.R. Bard, Inc., is set to begin on February 5, 2013. This trial will be a bellwether trial in the multidistrict litigation involving people who were severely injured by complications of transvaginal mesh. Chief Judge Joseph R. Goodwin set the trial date. The trial will occur in U.S. District Court for the Southern District of West Virginia.
C.R. Bard is facing approximately 600 transvaginal mesh lawsuits. The devices are designed like a “sling,” and they treat incontinence by reinforcing weakened muscles in a woman’s pelvis. After more than 300,000 women were implanted with these devices, thousands of women suffered serious complications, including erosion of the device into the nearby tissues, organ perforation, infection, bleeding, severe pelvic or vaginal pain, scarring, and more.
C.R. Bard is accused of rushing the transvaginal mesh product to market without conducting adequate safety testing. By law, medical device manufacturers do not need to conduct studies of a medical device that is based on an existing product that is already approved by the FDA. C.R. Bard chose to base their transvaginal mesh design on a product invented by Boston Scientific, which the company decided to voluntarily recall in 1999. Many women are now angry at C.R. Bard for not conducting safety studies before selling the device.
The FDA has warned consumers that side effects are not rare, and the agency has received several thousand adverse event reports from consumers who were severely injured, permanently disabled, or died from complications of the device.
Many women who were injured from transvaginal mesh have filed individual lawsuits against C.R. Bard. The company now faces multidistrict litigation (MDL), which involves the consolidation of multiple lawsuits filed in federal courts all across the country. Each lawsuit involves a similar set of injuries, accusations, parties, and claims. When litigation is consolidated, one federal judge presides over the pre-trial proceedings. Although the cases are consolidated into one court, they remain individual. An MDL is different from a class-action lawsuit.
The trial set for February 2013 will be the first bellwether trial in the transvaginal mesh MDL. A bellwether trial involves selected cases that are tried before a jury. The cases that are selected are chosen because they involve issues that are common to other cases in the MDL. The jury’s decision on the selected cases can guide decisions for the rest of the cases in the MDL.
Do I have a Transvaginal Mesh Lawsuit?
The Schmidt Firm, PLLC is currently accepting transvaginal mesh induced injury cases in all 50 states. If you or somebody you know has been injured by transvaginal mesh, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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