Bloomberg News reports that the first federal lawsuit involving faulty vaginal mesh products charges that C.R. Bard Inc. used plastic in its Avaulta vaginal inserts that carried a warning against permanent implantation in humans — but used that plastic in its inserts anyway.
According to case documents, Toccoa, Georgia’s Nurse Cisson received an Avaulta Plus implant in 2009 to buttress organs that were collapsing into her pelvic region. Cisson had several surgeries to remove the mesh after she began suffering pelvic and rectal pain, bleeding, and bladder spasms.
At trial, the jury found Bard should pay $250,000 to Cisson, finding liability on Cisson’s claims that the mesh contained a design defect and Bard failed to adequately warn of its dangers. The jury also determined that punitive damages were warranted, and returned a punitive damages verdict of $1.75 million.
Bard officials pulled the Avaulta implants off the market last year after the FDA ordered all makers of the devices to study rates of organ damage, infection and painful sex linked to their products. Bard, however, denies any legal responsibility and refuses to compensate the women who have suffered significant injuries.
Last year, in the first pelvic mesh case to go to trial, a California state court jury found Bard liable for a woman’s injuries tied to an Avaulta implant and awarded $5.5 million in damages.
Lieff Cabraser represents women nationwide harmed by plastic transvaginal mesh. Learn more about vaginal mesh lawsuits.
By Stephen Cassidy.