The first transvaginal trial – a test trial known as a “bellwether” case – resulted in huge win for the victim and her husband with the jury awarding the plaintiff, Christine Scott, $5 million for her pain and suffering as a result of nine separate revision surgeries. Her husband was awarded an additional $500,000 due to their loss of intimacy due to the defective product C.R. Bard Avaulta Plus Vaginal Mesh Implant.
As a bellwether trial, this case served to gauge the potential value for other similar lawsuits that are pending. Another trial is set to begin in April 2013 in New Jersey, and if this case is any indication of the viability of plaintiffs’ claims, it appears that transvaginal mesh manufacturers could be liable for millions of dollars.
Hundreds of lawsuits are currently pending against the manufacturers of transvaginal mesh implants, including Johnson & Johnson (J&J), C.R. Bard, Ethicon, Boston Scientific, and American Medical Systems.
As we reported, J&J announced in June 2012 that it would stop selling four types of mesh implants used to treat urinary incontinence. According to this New York Times article, J&J made the accouncement in a letter to judges overseeing two large groups of lawsuits filed by women who claim the devices caused serious injury.
The urinary implants, which are used to treat incontinence caused by muscle weakening and pelvic organ prolapsed, have come under fire in recent years for causing serious injuries, including infections, pain, and other complications. In 2008, the U.S. Food and Drug Administration (FDA) warned consumers that the implants were associated with complications, but that such complications were rare. Between 2008 and 2010, however, the FDA reported a substantial increase – a fivefold increase – in the number of injuries reported. Earlier this year, the FDA ordered manufacturers of the urinary implants to conduct further studies regarding the safety and risks associated with the medical implants.
The Chicago medical malpractice law firm of Ankin Law Offices, LLC is committed to protecting the victims of substandard medical care and unsafe medical devices. If you have suffered injuries as a result of a transvaginal mesh implant, do not hesitate to contact the skilled Chicago medical malpractice attorneys at Ankin Law Offices at (312) 600-0000 to schedule a free consultation to discuss a possible medical malpractice or product liability claim.