Audet & Partners, LLP reports that C.R. Bard, Inc., a major transvaginal mesh manufacturer  and defendant in transvaginal mesh lawsuits, has argued against consolidation of the mesh litigation.  In a West Virginia federal court, Bard argued against consolidation in multidistrict litigation (MDL) fearing that such consolidation would paint a picture among juries that "something must be wrong" with Bard's pelvic mesh product. Arguing in favor of consolidation, attorneys representing women injured by transvaginal mesh implants have argued that consolidating the page... Read More

Audet & Partners, LLP reports that a West Virginia has returned a multi-million dollar verdict on behalf of Ms. Jo Huskey, a woman who had brought a transvaginal mesh lawsuit alleging serious personal injuries after implantation of the TVT-O sling manufactured by Ethicon, a subsidiary of Johnson & Johnson.  In awarding $3.27 million to Ms. Huskey, the jury found that the pelvic sling manufactured by Ethicon was defectively designed and that the company had failed to adequately warn of the... Read More

Audet & Partners, LLP has learned that Covidien, a medical device manufacturer that supplied material to C.R. Bard that was incorporated into transvaginal mesh products, recently announced that they will set aside $180 million to cover losses expected in connection with transvaginal mesh lawsuits. Thousands of vaginal mesh lawsuits are currently pending against C.R. Bard in federal multidistrict litigation centered in West Virginia.  There is speculation that C.R. Bard may soon settle many of these claims, and the company would then be... Read More

A recent meeting of the American Urological Association ("AUA") included extensive debate by surgeons and experts about the risks and benefits of transvaginal mesh slings which have been widely used in recent years for the treatment of stress urinary incontinence in women.  The longstanding, official position espoused by the AUA is that the synthetic mesh devices are important treatment options for women affected by urinary stress incontinence, a condition that leads to bladder leakage in women due to pressure from... Read More

In the wake of mounting lawsuits against manufacturers of transvaginal mesh devices implanted in women to treat a litany of internal conditions, the U.S. Food and Drug Administration ("FDA") is now moving to heighten the risk label associated with transvaginal mesh specifically used to treat pelvic organ prolapse ("POP").  The risk label for mesh devices used to treat POP will be heightened from "low" to "intermediate." If the new standard is adopted after a mandatory 90-day public comment period, manufacturers of... Read More

In follow up to Audet & Partners, LLP previous reports on Johnson & Johnson’s alleged systematic destruction of documents related to the safety of its vaginal mesh products, a consumer advocacy group has asked the United States Department of Justice to launch a criminal investigation in hopes that it will result in holding the company accountable for any misdeeds. According to reports, the Corporate Action Network, a consumer advocacy group, has asked Attorney General Eric Holder to investigate whether or not... Read More

Thousands of lawsuits have been filed by women across the country who underwent transvaginal mesh surgeries to repair pelvic organ prolapse and stress urinary incontinence following serious injuries from the procedures.   The lawsuits allege that various manufacturers failed to safely design and test the vaginal mesh devices and did not adequately warn women about the risks of injury. The complainants have alleged serious injuries resulting from implantation including chronic pain, organ perforation, infection, and device erosion. The transvaginal mesh multi-district... Read More

According to recently filed court documents, Johnson & Johnson officials systematically destroyed or lost documents relating to its vaginal mesh implants despite having been ordered to preserve that evidence. Bloomberg.com reported* the alleged document destruction in early December 2013 after court documents were filed by the attorneys representing women who have sued Johnson & Johnson over injuries associated with the transvaginal mesh devices.  Destruction of critical evidence may potentially hinder the prosecution of valid transvaginal mesh claims by affected women.  The... Read More

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... Read More

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... Read More

A unit of Endo Health Solutions, a manufacturer of transvaginal mesh, recently agreed to pay $54.5 million to settle some of the claims against it.* The unit, American Medical Systems, disclosed the information in a filing to the Securities and Exchange Commission.* Among the medical devices at issue in the lawsuits were the Perigee, Apogee and Elevate mesh implants.* There are currently approximately 5,000 cases against American Medical Systems relating to its transvaginal mesh products, most of which are filed in... Read More

A federal judge will soon hear the first of four test lawsuits involving Bard Avaulta vaginal mesh.* In March, the Bard Avaulta plaintiffs involved in the federal multi-district litigation in the Southern District of West Virginia (Charleston) filed a motion requesting that the court either allow the three cases to be consolidated into one single trial heard by a sole jury, or in the alternative, to allow three distinct juries to hear the same evidence presented at one trial.* Judge... Read More

Pelvic Organ Prolapse ("POP"), aka bladder prolapse, and Stress Urinary Incontinence ("SUI") are common conditions in women.  The University of Rochester Medical Center conducted a study of 16,616 women with a uterus and found that 41% have experienced POP.  SUI’s prevalence is said to occur in 30% of women five years after a vaginal delivery, but due to its seemingly embarrassing nature, SUI is underreported and many who suffer from it do not seek treatment.  Dr. Memel Harrison conducted a study through... Read More

The first jury verdict against Johnson and Johnson (J&J)’s Ethicon subsidiary has resulted in a powerful statement regarding the pharmaceutical company’s lack of adequate warnings of the health risks posed by the transvaginal mesh implants.  A New Jersey jury awarded a nurse from South Dakota a total damage award of $11.46 million, which was comprised of $3.35 million in compensatory damages and $7.76 million in punitive damages.  The plaintiff suffered serious medical complications after receiving a Prolift Transvaginal Mesh implant... Read More