C.R. Bard Vaginal Mesh Lawsuit Declared Mistrial by Federal Judge

A federal judge in the Southern District of West Virginia has stopped the first trial for a C.R. Bard vaginal mesh lawsuit on its second day after declaring a mistrial because of a witness testimony, Businessweek.com reports.

According to the article released on July 10th, the U.S. District Judge halted proceedings due to a witness’ speaking about issues that had previously been prohibited in his testimony.

“I don’t think it’s a bell that can be unrung,” the federal judge said of the testimony from a gynecological expert from Tampa, Fla. “It would be very difficult for the jury to disregard.”

The suit, which was the first of 3,770 transvaginal mesh lawsuit filings to head to trial over C.R. Bard’s line of Avaulta mesh products in the federal multi-district litigation underway in West Virginia, was filed by a woman who allegedly suffered mesh erosion and other injuries stemming from the implants. (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, 2:10-md-02187)

C.R. Bard’s arguments in this transvaginal mesh lawsuit may need to be presented to a new jury in the future going forward.

“We’re disappointed the plaintiff’s witness blurted what he did and forced us to ask for a mistrial,” said a lawyer for the medical device manufacturer.

Prior to this mesh case being declared a mistrial, the attorney for the Plaintiff said in opening statements heard July 5th that officials for C.R. Bard were aware that resin used in its Avaulta mesh was not fit for human use, but withheld this information to doctors and patients. As a result, thousands of women received implants that caused them to experienced mesh erosion through the vaginal epithelium, leading to cause pain, infection, pain during sexual intercourse and other vaginal mesh complications.

C.R. Bard Prepares to Defend 4,000+ Vaginal Mesh Lawsuits Filed in the U.S.

In addition to the thousands of vaginal mesh lawsuits pending in federal court, court documents show at least 550 C.R. Bard mesh lawsuits pending at the state court level in a consolidated proceeding established in New Jersey Superior Court. (In re: Pelvic Mesh Litigation/Bard, No. L-6339-10)

It is estimated that approximately 20,000 transvaginal mesh lawsuits have been filed in the U.S. by women allegedly injured by the devices. Many of these claims are pending in separate federal multi-district litigations established in the Southern District of West Virginia against manufacturers including American Medical Systems, Boston Scientific and Johnson & Johnson’s Ethicon unit.

Learn More About Filing a Bard Mesh Lawsuit

If you were implanted with a C.R. Bard mesh implant and experienced injuries afterward, you may be eligible to file a claim against the manufacturer. Contact an attorney at Bernstein Liebhard LLP to learn more at .