Audet and Partners, LLP reports that a second transvaginal mesh lawsuit to be heard as part of multidistrict litigation pending in West Virginia, has been settled by C.R. Bard.* The settlement resolves claims brought by plaintiffs Wanda and Greg Queen arising out of implantation of Bard’s Avaulta transvaginal mesh device, allegedly requiring six subsequent remedial surgeries. The resolved case is Queen v. C.R. Bard Inc., 11-cv-00012, U.S. District Court, Southern District of West Virginia (Charleston)**.
Terms of the settlement were not disclosed, but the settlement also resolves claims brought by Mr. Queen for his alleged loss of consortium resulting from his wife’s injuries.*
The plaintiffs in the Queen lawsuit had alleged eight causes of action including negligence, design defect, manufacturing defect, failure to warn, breach of an express warranty, breach of an implied warranty, loss of consortium, and punitive damages.** Plaintiffs’ negligence claim suggested that Bard failed to use reasonable care in designing, marketing, and selling the Avaulta mesh.** Plaintiffs’ design defect claim alleged that the product is not reasonably safe for its intended use, while their manufacturing defect claim argued that the product was not safe due to an error in manufacturing.**
Mr. and Mrs. Queen had further alleged that the transvaginal mesh was not adequately labeled and was therefore defective.** With regard to the claims for breaches of express and implied warranties, the claims alleged that the transvaginal mesh was not safe and adequate for its intended purpose or its ordinary purpose.**
The settlement comes approximately one week after a West Virginia jury slammed Bard with a $2 million verdict for claims brought by an individual in Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston). In the Cisson case, the jury awarded $250,000 in compensatory damages, in addition to punitive damages against Bard in the amount of $1.75 million.***
Bloomberg has reported that more than 8,000 transvaginal mesh claims remain pending against a list of defendants including Johnson & Johnson, Endo Health Solutions Inc., and Boston Scientific Corp.*
Attorney William Audet, Founder of the law firm of Audet and Partners, LLP which represents several individual plaintiffs in transvaginal mesh litigation, notes the apparent emerging trend of claims being resolved in favor of individuals plaintiffs. “As testimony unfolds in pending litigation, the Avaulta transvaginal mesh device appears to have been fabricated from a polypropylene material that manufacturers knew, or should have known, was likely incompatible with implementation in a human body. As a result, we continue to speak with women on a weekly basis whose lives have been shattered as an alleged result of transvaginal mesh implantation. What is most interesting about the most recent settlement is that it seems to have also resolved the loss of consortium claim brought by the husband. The nature of this type of claim underscores the gravity of injuries allegedly caused by the Avaulta transvaginal mesh device.”
If you, or a loved one, has suffered serious injuries that may be related to transvaginal mesh surgery, you are urged to contact a transvaginal mesh lawyer at Audet and Partners, LLP for a free consultation by calling (800) 965-1461, or for more information, visit our informational website at http://www.vaginalmeshlaws.com.
This story orginally appeared as a Press Release. To view the Release, please visit http://www.prweb.com/releases/transvaginalmesh/bardsettlement/prweb11077234.htm.