First Bellwether Trial Over Avaulta Mesh Ends in $2 Million Verdict

It’s been a somewhat tumultuous time for C. R. Bard’s cases. After the Avaulta mesh was linked to erosion and other serious side effects, C. R. Bard was hit with a number of lawsuits. These suits were eventually consolidated to a federal court in West Virginia, only to have the first bellwether trial declared a mistrial after an expert witness went off-topic, according to the judge. Rescheduled for July 29th, a new bellwether trial with the same plaintiff was set up, and it is this case which has now reached a $2 million verdict.

She has now been awarded a $250,000 compensatory award with an additional $1.75 million in punitive damages.

The West Virginia jury ruled that Donna Cisson, a public nurse, had adequately proved that her injuries were the result of a design defect with the product, as well the company’s failure to provide adequate warnings. Cisson was implanted with Bard’s Avaulta Plus Posterior BioSynthetic Support SystemCisson and alleged that the mesh, used to treat pelvic organ prolapse, resulted in injuries requiring multiple corrective surgeries.

She has now been awarded a $250,000 compensatory award with an additional $1.75 million in punitive damages due of Bard’s ‘conscious indifference’ to the consequences its product would have on patients. Cisson claimed that the mesh had caused bleeding, pain, spasms, and pain during sex.

The company’s defense rested on its claims that patients were fully aware of the risks associated with its mesh products and that Cisson therefore understood the dangers when she agreed to treatment. The jury, however, disagreed. Bard has said it will appeal to ruling, adding that the product continues to be safe and effective. Bard Vice President Scott Lowry noted that the FDA continues to approve Avaulta and that while he sympathizes with Cisson, her injuries “were not caused by any of our products.”

Cisson’s case was the first of four bellwether trials in the C. R. Bard MDL, and the ruling will be watched closely by several other companies facing similar lawsuits, including Johnson & Johnson, Boston Scientific, American Medical Systems Holdings and Endo Pharmaceuticals. Just this week, Boston Scientific’s bellwether trials suffered a set-back after the judge rejected both sides’ choices as unrepresentative of the wider class membership. Meanwhile, Johnson & Johnson cases consolidated to the U.S. District Court, Southern District of West Virginia, have had the preliminary date the first bellwether trial set for January 14, 2014.

Thousands of women allege that mesh products have caused bleeding, scarring, organ damage, pain, and often require surgery to remove the implant. Although companies continue to deny their responsibility for these injuries, the rulings of bellwether trials often provide a strong indicator of possible trends in litigation. For those affected by mesh complications, Cisson’s verdict is good news, though it remains subject to appeal. For mesh manufacturers, meanwhile, it might be time to start facing the reality of the billions of dollars they could face in settlement costs.