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Bard loses first vaginal mesh lawsuit and must pay $5.5 million in damages

Vaginal mesh manufacturer CR Bard Inc. has been ordered to pay damages of $5.5 million to a woman who was harmed by transvaginal mesh used to treat stress urinary incontinence.

A jury found Bard negligent in its handling of the device, and concluded that the woman deserved the award because of the complications she has suffered since having the implant fitted.  Christine Scott from Bakersfield was left incontinent, in severe pain and unable to have sexual relations with her husband.  She has had multiple surgeries to treat the complications from the Avaulta Plus mesh device.

This was the first case to go to trial – there are hundreds of others awaiting trial.  The lawsuits are claiming that implants made by a number of manufacturers have caused harm and organ damage.  The defendants (the mesh makers) in these pending trials have been keeping a close eye on the case: the results of the first few cases are important markers of how things will go in future trials.  There is speculation as to how the manufacturers will react if they lose a number of cases.

Bard withdrew the Avaulta Plus product from the US market on 1st July but continues to sell it outside the US.  Bard officials are claiming that the complications are not the fault of the company’s actions and have said they will appeal.

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5 thoughts on “Bard loses first vaginal mesh lawsuit and must pay $5.5 million in damages

  1. Thanks so much for bringing this to light in the Uk. it seems that we are still a long way off finding any fault at all with mesh in this country – indeed, the surgeons often say that the patients are the ‘only one’ with problems, implying that the devastating complications are the patient’s fault or in their head….!!!! Many of us know this is nothing to do with us being crazy, although the pain can turn any normal person mad.

    Posted by Liz Reece | July 25, 2012, 8:42 pm
  2. It is a step in the right direction, albeit this step is taken in the USA. It does show the power of determination and we can only hope that there are professional people out there who can help in this country, where there are thousands of women (and now men) who have mesh problems. Good work, thank you. IH

    Posted by I H | July 26, 2012, 6:56 am
  3. It’s a shame that women have to go to the lengths of taking out lawsuits to get manufacturers, doctors and the government to take notice of their mesh problems.

    Posted by tvtinfo | July 31, 2012, 5:04 am
  4. No amount of money can compensate the pain and humility that a victim of this horrible device causes. It is a sad reflection on the pharmacutical companies, and our FDA, about the importance of safety and the quality of care for the trusting patients that are being mislead in our county. Please, if anyone is reading this imput, do not allow this device to be used on you, or your loved ones.

    Posted by laura | January 22, 2013, 10:39 pm
  5. I cannot tell you the frustration I am feeling. I had the mesh inserted in 2009…all went well until I needed further gynae surgery in 2011…I have had nothing but horrific pelvic pain since. I had an endometrial ablation for heavy bleeding, and then a total abdominal hysterectomy for what I was told was Adenomyosis. However, I have had not ONE scan to confirm that diagnosis….and guess what….yes…the pain is STILL there and yesterday I was told by my G.P that I am depressed and imagining it. I am however finally having a cystoscopy next Thursday with a urologist, as a locum GP I saw a few months back referred me to that department again. I have spoken to them all about my fears regarding the mesh and have been assured if there was an issue then I am ‘the only one’ this has happened to. Well clearly not….. Thank you so very much for this article. God bless you all.

    Posted by Claire | July 25, 2013, 5:39 pm

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