Bard Settles Second TVM Bellwether Before Things Even Get Started

Less than a week after C. R. Bard was hit by a $2 million verdict in the first bellwether trial for its Avaulta vaginal mesh, the company has reached a settlement in the second bellwether trial. The twist? It did so on the first day of the trial – less than an hour in.

Multiple companies face legal action over products similar to Bard’s.

The first trial took twelve days in total, ending with $250,000 in compensation damages and $1.75 million in punitive damages to Donna Cisson. By contrast, Wednesday’s trial, due to start at 9. a.m., was delayed by 45 minutes before the news broke: a settlement had been reached, and the jury was to be dismissed. Although the terms remain confidential, the company issued a statement affirming that cases would continue to be considered individually, “based on the facts and merits.”

It’s hard not to see this settlement, compounded by the earlier verdict, as a keen indicator that Bard is on the ropes. The company continues to face thousands of lawsuits in multidistrict litigation in West Virginia, alleging that Avaulta mesh is defective and responsible for serious injuries in women who were implanted with the device. Used to treat pelvic organ prolapse and stress urinary incontinence, transvaginal mesh (TVM) remains approved for use by the FDA even as multiple companies face legal action over products similar to Bard’s.

Bard Vice President Scott Lowry said in a statement that “we believe the evidence establishes that our Avaulta mesh products, cleared by the FDA, are safe and effective, and provide significant benefits to patients, and we will continue to vigorously defend against all other lawsuits involving Avaulta.”

It’s unclear what evidence Lowry’s thinking of. The only other Avaulta mesh case to reach a verdict so far, a California state court case last July, returned a $3.6 million judgment in the plaintiff’s favor. The third bellwether trial is scheduled to begin in October, with a fourth set for November 2013.

Wednesday’s “trial” featured plaintiff Wanda Queen who, according to her complaint, was implanted with Avaulta Solo Anterior Synthetic Support System. Queen alleged that the resulting pain and mental anguish damaged her sex life. Her husband was also a plaintiff.