Bard Settles Second Transvaginal Mesh Lawsuit

Jenn Fusion | October 3rd, 2013

Transvaginal Mesh Lawsuit LoansC.R. Bard has agreed to settle another transvaginal mesh lawsuit out of court, according to Bloomberg News. The claim brought on by Melanie Virgil, a 56-year-old junior high school music teacher from Colorado, was set to go before a New Jersey jury early next week.

However, the manufacturer of the Avaulta Plus vaginal mesh decided to settle for an undisclosed amount to compensate the plaintiff for the premature vaginal mesh erosion and three subsequent surgeries she needed to correct the problem.

History of Avaulta transvaginal mesh problems

Avaulta is a type of transvaginal surgical mesh manufactured by C.R. Bard for the repair of pelvic organ prolapse and female stress urinary incontinence. The FDA began issuing warnings about transvaginal mesh in 2011 as the number of complaints escalated.

Other vaginal mesh manufacturers – Boston Scientific, American Medical System, Ethicon, Coloplast and Cook Medical – are also facing thousands of lawsuits. Bard officials pulled all Avaulta mesh products off the market in 2012 after the FDA ordered manufacturers of vaginal mesh to study the rates of organ damage, infection and painful intercourse.

Transvaginal mesh lawsuits move forward

Prior to this most recent settlement, Bard was taken to California court by 53-year-old Christine Scott in July 2012 and wound up paying $5.5 million in damages when the jury voted in the Plaintiff’s favor.

A year later, in July 2013, a federal jury awarded Plaintiff Donna Cisson $2 million in damages – including $1.5 million in punitive damages to punish Bard for failing to protect consumers from a defective product. The nurse from Georgia said the Avaulta Plus device damaged her organs and caused other ailments.

A second federal trial concerning Wanda Queen was scheduled for late August 2013, but a settlement was reached on the first day of trial to avoid another large jury award.

Two more Bard Avaulta cases are scheduled for federal court in the coming months. Linda Rizzo’s complaint will be heard on October 8 and Carolyn Jones’ hearing is scheduled for November 4. In cases like this, it’s not uncommon for defendants to engage in large-scale settlement negotiations following a series of unsuccessful bellwether trials.

Transvaginal mesh lawsuit loans offer plaintiffs more flexibility

While the first few cases are moving forward, there is a backlog of more than 3,400 Avaulta mesh lawsuits in the MDL waiting to be heard in court before U.S. District Judge Joseph Goodwin in the Southern District of West Virginia. In addition, there are over 800 lawsuits filed in New Jersey state court before Judge Carol E. Higbee.

It could take quite some time for plaintiffs to see a settlement offer or their day in court – particularly if no settlement is reached and thousands of cases get remanded back to U.S. district courts for individual trials. The financial burdens associated with complex litigation where many plaintiffs are involved can be devastating for those affected. Individuals who have already filed a claim against C.R. Bard are encouraged to submit a free application for pre settlement funding from LawStreet Capital.

Not only do transvaginal mesh lawsuit loans enable plaintiffs to meet financial obligations today, but it also allows them greater freedom to hold out for a large jury award, rather than accept the first settlement offer that comes their way. Best of all, legal loans are non-recourse, meaning that borrowers only repay the loan if they settle or win the case. Call anytime, toll-free, at 1.866.FUND.662.