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Cisson Verdict Upheld by Trial Court

| Oct 30, 2013 | Drug and Medical Device Litigation, Transvaginal Mesh

According to a report in Fierce Medical Devices, the trial court has upheld the 2 million verdict in the Donna Cisson v. C.R. Bard, Inc. transvaginal trial.  Judge Joseph Goodwin reaffirmed that the initial award was appropriate and that attorneys representing Donna Cisson successfully proved the company’s vaginal mesh was the cause of her injuries.

Donna Cisson brought her case for severe injuries resulting from her use of Bard’s transvaginal mesh.  Cisson alleged that the Bard Avaulta Plus vaginal mesh implant gave her bladder spasms and caused bleeding as well as pelvic pain.

Click here to read the full Fierce Medical Devices article: Bard Vaginal Mesh Verdict Sticks as Judge Reaffirms $2M Award

On August 15, 2013, the jury found for Donna Cisson compensatory damages in the amount of $250,000 for her injuries and $1.75 million in punitive damages after considering all the evidence from the numerous experts from each side.  The  jury found that Bard failed to provide adequate warnings as to the defects in its vaginal mesh product and that the device was defective.

Bard has lost two jury trials, settled a third case after a jury selected, and settled a fourth before trial commenced.  Bard’s implants have been targeted in more than 12,000 cases, while Boston Scientific said in an August regulatory filing that it faces more than 12,000 suits over its vaginal devices. Additionally Endo’s American Medical Systems Inc. unit faces about 13,500 vaginal-mesh claims between state and federal suits, and Coloplast and Cook face about 1,000 claims combined.  J&J faced 12,250 pelvic mesh claims through June 30, according to a regulatory filing.

In August 2013, Judge Joseph Goodwin announced the bellwether case schedule for the Boston Scientific vaginal mesh cases occurring in West Virginia.  The first set of Boston Scientific trials is set to begin 2/11/2014 and the second set commencing on 6/17/2014.

We believe that ultimately the cause of injuries suffered by vaginal mesh users will be shown to be the defects in the mesh products and the absence of appropriate warnings.  If you would like more information, check the video below, go to our website, or contact us at 1-800-481-1615 or email us.