Four years after her long medical nightmare began, a woman has been awarded $5 million in her lawsuit against New Jersey-based C.R. Bard Inc., the manufacturer of the vaginal mesh device that has caused her significant pain and injury. The personal injury attorneys representing the hundreds of other injured women that have filed product liability lawsuits believe that it signals success for their clients in the pending consolidated cases against Bard, Johnson & Johnson, Boston Scientific Corp. and others, which are scheduled to go to trial early next year.
According to court documents, the plaintiff received a vaginal mesh implant in 2008. Since that date, she has had to undergo nine corrective surgeries to deal with the erosion of the implant and the pelvic pain and incontinence it caused her. She filed a lawsuit against Bard, claiming that company officials knew or should have known that the surgeons who were implanting the product would not realize the potential risks it posed, and that patients would be harmed as a result.
The jury agreed, finding that Bard did not properly test the device before putting it on the market, and ordered the company to pay the woman $3.6 million in damages. This seems to be supported by recent FDA decisions, including a decision to classify vaginal mesh as "high-risk" based on its reported side effects, and orders for new, three-year studies into complications linked to vaginal mesh.
But despite all of the evidence to the contrary, Bard continues to maintain that its device is safe, and vows to appeal the verdict.
If you or a loved one has been injured by vaginal mesh or another faulty medical device, please contact Breslin & Breslin for a free consultation.
Source: Bloomberg, "Bard, Doctor Ordered To Pay $5.5 Million Over Implant," Jef Feeley, July 25, 2012
At our Hackensack personal injury firm, we handle cases like the one discussed above. For more information, please see our products liability page.