First Transvaginal Mesh Case Returns $5.5 Million Verdict

In a landmark case, a jury has returned a $5.5 million verdict to plaintiff Christine Scott and her husband after a series of complications following a surgical implantation of the problematic Avaulta Plus transvaginal mesh. In mass tort litigation, the first case of its kind often sets the tone for the subsequent cases, and is sometimes called a bellwether trial. According to Businessweek, lawsuits against pelvic device makers were consolidated as multi-district litigation (MDL) in Charleston, West Virginia and are moving forward in the evidence-gathering phase. In addition to C.R. Bard, other well-known medical device manufacturers could be on the hook for large settlements due to transvaginal mesh, including Johnson & Johnson (subsidiary Ethicon), American Medical Systems (AMS), and Boston Scientific.

Doctors eventually concluded that it was impossible to remove the two devices she had implanted.

Christine Scott claimed that she experienced extensive complications caused by the transvaginal mesh, and had to have eight additional surgeries and nine other procedures leading up to the lawsuit. Doctors eventually concluded that it was impossible to remove the two devices she had implanted, and that she would be forced to live with near-constant pain which would hamper her ability to run, which she did frequently before the original implant, according to the suit. She was awarded $5 million and her husband was awarded $500,000 for loss of consortium with his wife, as they argued that the mesh problems had a significant effect on their love life.

C.R. Bard reportedly ceased sale of the Avaulta mesh systems after the FDA said in July, 2012 that it wanted more clinical trials conducted and stated that it was unclear whether mesh was more effective than safer than alternative remedies. It is alleged that the only testing done for Bard’s mesh was on 16 rats, 12 rabbits, and four sheep before it was approved by the FDA to be installed in women. Earlier this spring, J&J announced that it will stop sales of the Gynecare Prolift Pelvic Floor Repair System, Prolift MTM, TVT Secur, and Prosima vaginal mesh systems.

Used to treat pelvic organ prolapsed (POP) and stress urinary incontinence (SUI), transvaginal mesh is alleged to actually cause SUI due to pressure on the bladder, as well as general pain and discomfort, mesh erosion through the vagina, infection, urinating problems, organ perforation, bleeding, interference and pain with sexual intercourse, and mental anguish. Some women that have had vaginal mesh inserted have required revision surgeries, prolonged hospitalization, and lifelong injuries as a result. If you have experienced problems with Avaulta mesh or any other kind of transvaginal mesh, you may be able to file a lawsuit against the manufacturer. To learn about your legal options, do not hesitate to tell us your story in the free case review form on the right.