New Vaginal Mesh Case Settled By Bard

C. R. Bard is reported to have reached another settlement over its Avaulta Plus transvaginal mesh, sources close to a New Jersey lawsuit have said. In news that follows closely from last month’s announcement that the company had elected to settle the second bellwether case in the federal MDL, Bard is said to have reached an unknown settlement with Melanie Virgil, whose case was filed in New Jersey state court.

The news of a possible settlement will have caught the attention of plaintiffs.

Virgil claimed that her urinary injuries had been caused by Bard’s mesh device and a trial date was set for September 23. The company currently faces more than 8000 claims over Avaulta, which women allege can cause organ damage and negatively impact romantic relationships. Virgil, a music teacher from Colorado, required three surgeries to fix urinary problems after she had the Avaulta mesh inserted, according to court filings. It is not known what the terms of any final settlement might be.

Bard has already resolved two cases being heard under Judge Joseph Goodwin as part of the federal consolidation. Donna Cisson, a nurse from Georgia, was awarded $250,000 in compensation and $1.75 million in punitive damages in the first bellwether trial of the MDL, while Wanda Queen reached a settlement on the morning her trial was due to start. A separate lawsuit heard in California also found Bard liable for a woman’s injuries after she was implanted with Avaulta transvaginal mesh, with a jury awarding $5.5 million in damages. State laws leave Bard liable for $3.6 million of the sum.

The third bellwether trial is expected to begin sometime in October. Virgil’s suit was filed in the state court of New Jersey, and is separate from Judge Goodwin’s hearings. Nevertheless, the news of a possible settlement will have caught the attention of plaintiffs and attorneys across the country. With the large number of cases and a pattern seeming to emerge of C. R. Bard choosing to settle before trials run their course, there may be hope yet for the thousands of woman who still allege that transvaginal mesh products have caused them injury and suffering.

Johnson and Johnson, Endo Health Solutions, and Boston Scientific are also facing lawsuits over their respective mesh products.

The case reported to have settled is Virgil v. C.R. Bard Inc. (BCR), ATL-L6917-10, Superior Court of New Jersey Law Division, Atlantic County.