C.R. Bard Slammed With $2 Million Transvaginal Mesh Jury Verdict
Shortly after a federal judge declared a mistrial in the case of Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston), the matter was brought back before a West Virginia jury, which rendered a substantial verdict in the amount of two million dollars.* The verdict, against C.R. Bard involved an injury that the plaintiff sustained after having an Avaulta trans-vaginal device implanted.* After deliberating, the jury rendered an award to the plaintiff in the amount of $250,000 in compensatory damages and $1.75 million in punitive damages.* C.R. Bard had previously removed its Avaulta devices from the market at the FDA told transvaginal mesh manufacturers to conduct studies on the rates of organ damage, pain during intercourse, and infection.*
The implant in this case was implanted to help prevent the plaintiff’s organs from collapsing into her pelvic area.* Instead of helping, the implant caused bleeding and painful bladder spasms.* According to lawyers for the plaintiff in the case, Bard knew that its implants were being made out of plastic that had its own warning against being permanently implanted in humans.*
After finding $250,000 in compensatory damages, the jury in the case went on to find $1.75 million in punitive damages, despite arguments from counsel for Bard that there was no intent to harm consumers.* On the other hand, the plaintiff’s attorneys argued that at no point did Bard accept responsibility and offer to make amends.* In awarding punitive damages, the federal jury found that there was malice, fraud or wantonness on the part of Bard in its handling of the Avaulta products.*
If you or someone you know has suffered an injury that may be related to vaginal mesh, please contact Audet & Partners, LLP by calling us toll free at 800.965.1461. Alternatively, please complete and submit our confidential inquiry form on the right side of this page. Please act now, since the law may limit your right to recovery if you delay.