A California jury handed down a groundbreaking verdict this week in a four-year-old transvaginal mesh lawsuit against C.R. Bard Medical, the maker of Avaulta Mesh. For the first time in this county, a jury awarded a couple $5.5 million against the maker of a medical implant accused of knowing the product was unsafe.
The landmark transvaginal mesh settlement will provide $5 million to the wife, Christine Scott, and $500,000 to her husband. Scott alleged in the vaginal mesh lawsuit that she has suffered complications ever since she had Avaulta Mesh implanted to correct a leaky bladder. She claims the defective Avaulta Mesh soon began cutting her colon, and tissue continues to grow through the tiny holes in the mesh. Scott has already had eight surgeries to try and correct the complications caused by the faulty vaginal mesh. Scott's husband received $500,000 in the vaginal mesh lawsuit settlement because the couple alleged the mesh ruined their love life. It's the first victory of its kind in the U.S.
In speaking about the Avaulta Mesh lawsuit settlement, Scott said she is most relieved to "finally get the word out to women." She was under court-ordered silence during the four-year legal battle until the settlement was announced. Scott says she will continue to deal with the vaginal mesh complications she suffers, but looks forward to being a voice for other women.
"The hardest part, I will tell you, through this whole thing, is having to keep quiet, watching women still get hurt. But, I was legally not able to get out there and tell and that, I'm sorry," Scott said in a tearful statement. "And, that every day I was like please be over so I can talk. So, when I got the verdict is was like 'Thank you God.' Now we can do something."
C.R. Bard Medical finally stopped selling its Avaulta Mesh on July 1, 2012 in the United States, but only after the FDA demanded more clinical trials. Avaulta Mesh is one of several vaginal mesh products targeted in hundreds of lawsuits across the country. Like the Scotts, Plaintiffs want manufacturers like C.R. Bard, Ethicon, AMS and Boston Scientific held liable for severe vaginal mesh injuries and complications they suffered, including organ perforation, mesh erosion, vaginal scarring, pain during sex, urinary problems, infection, and more.
The first federal transvaginal mesh trial against C.R. Bard is set to begin in February 2013. This trial will be a bellwether (test) trial in the vaginal mesh lawsuit multidistrict (MDL) litigation involving people severely injured by transvaginal mesh complications. C.R. Bard is facing approximately 600 vaginal mesh lawsuits alleging it rushed its Avaulta Mesh product to the market without conducting adequate safety testing. The Bard Avaulta Mesh MDL involves consolidation of multiple lawsuits filed in federal courts across the country. The MDL is different from an Avaulta Mesh class action lawsuit in that each Plaintiff retains their own attorney and receives an individual award if a lawsuit settlement is reached, instead of sharing the award with thousands of Class Members. The vaginal mesh lawsuit MDL lawyers will determine exactly what each Plaintiff will receive depending on the injury suffered. This may mean that those who suffered more serious vaginal mesh complications such as organ injuries will receive more than those who suffered less serious complications, such as pain during sex. The transvaginal mesh law firms litigating the MDL will determine this as the case progresses.
If you received a vaginal mesh or transvaginal mesh device and are experiencing complications, you may be able to sue the manufacturer to cover your medical expenses, pain and suffering, and loss of consortium (which is what Scott's husband sued for and received $500,000 for). A transvaginal mesh specialist can provide a free consultation to see if you're a good fit to file an Avaulta Mesh injury lawsuit, vaginal mesh class action lawsuit, or vaginal mesh injury lawsuit against another manufacturer.
If you would like more information about filing a transvaginal mesh class action lawsuit or would like to file an individual vaginal mesh lawsuit. Just go to the Transvaginal Mesh Class Action Lawsuit Investigation page. You can submit your information, or your loved one's, to vaginal mesh attorneys who are actively investigating all claims regarding urinary problems, vaginal scarring, mesh erosion, organ injuries and other complications related to vaginal mesh devices. Transvaginal mesh attorneys are waiting to talk to you now and the consultation is free. These lawyers don't get paid unless you win or settle.
Updated July 24th, 2012
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.