NEW YORK, April 17, 2018 /PRNewswire/ -- C.R. Bard, Inc. has been ordered to pay $68 million in total damages to a woman who has endured chronic pain and other complications since receiving the company's Align and Avaulta transvaginal mesh devices during a 2009 surgery to treat stress urinary incontinence and pelvic organ prolapse.
A Bergen County Superior Court jury in New Jersey awarded the plaintiff and her husband $33 million in compensatory damages on April 12th, after finding that the Align and Avaulta implants were defectively designed. The plaintiffs were awarded an additional $35 million in punitive damages the following day, after jurors determined that C.R. Bard acted with "malicious intent" or "wanton and willful disregard" when it brought the devices to market in 2008. (Case No. BER-L-17717-14)
The case was the first transvaginal mesh lawsuit involving C.R. Bard to go to trial in New Jersey Superior Court, where the company currently faces more than 150 product liability claims over its vaginal mesh implants.
"Our Firm is representing hundreds of women who are alleged to have suffered similar injuries and complications due to transvaginal mesh marketed by C.R. Bard and other device manufacturers. We are pleased with the jury's decision, as it may bode well for plaintiffs who have filed similar cases," says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to investigate legal claims on behalf of women who suffered serious and life-altering complications due to allegedly defective transvaginal mesh.
C.R. Bard Transvaginal Mesh Litigation
In 2008, the U.S. Food & Drug Administration (FDA) warned that transvaginal mesh implants had been associated with at least 1,000 reports of serious injuries and complications over the previous three-year period. A second alert was released in July 2011, after the number of adverse event reports associated with transvaginal prolapse repair had tripled.
The FDA finalized regulations in 2016 that reclassified transvaginal mesh indicated for prolapse repair as Class III (high risk) medical devices. The new rules also made such products ineligible for the agency's 510(k) clearance program, which had previously allowed the devices to come to market without first undergoing human clinical trials.
C.R. Bard currently faces more than 3,000 transvaginal mesh lawsuits nationwide. The company has prevailed in just one of four cases to go to trial thus far. A recent regulatory filing also indicates that C.R. Bard has settled more than 13,000 claims since 2014.
Women who suffered serious complications allegedly associated with transvaginal mesh may be entitled to compensation for medical bills, lost wages, pain and suffering and more. To learn more, please visit Bernstein Liebhard LLP's website, or call 800-511-5092 to arrange for a free, no-obligation review of your potential claim.
About Bernstein Liebhard LLP Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3.5 billion on behalf of our clients. Bernstein Liebhard LLP is honored to once again be named to The National Law Journal's "Plaintiffs' Hot List," recognizing the top plaintiffs firms in the country. This year's nomination marks the thirteenth year the firm has been named to this prestigious annual list.
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