CR Bard Transvaginal Mesh Lawsuit Pre Settlement Loans
Pre Settlement Funding on Recalled Bard Vaginal Mesh Litigation
C.R. Bard is one of the leading manufacturers of mesh implant devices in the United States. Unfortunately, Bard is also one of the many companies facing thousands of transvaginal mesh lawsuits and federal litigations. Other companies facing massive litigation are American Medical Systems, Boston Scientific, Johnson & Johnson’s Ethicon subsidiary, Neomedic, Coloplast and Cook Medical.
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Tens of thousands of women who filed these lawsuits have greatly been injured by the products, often complaining of extreme chronic pain, organ perforation, vaginal bleeding and scarring, symptoms of stress urinary incontinence, and infections, among many others. Plaintiffs allege Bard and other manufacturers of providing misleading information concerning issues of safety and effectiveness, as well as defective design.
Bard has continually been urged by Judge Goodwin, among many other experts, to settle pending cases rather than waiting for them to go on trial. Agreeing to settle with parties might help in minimizing legal costs for the company, rather than defending themselves in trial and risk paying millions or even billions to plaintiffs involved in the class action lawsuits and multidistrict litigations.
Even though Bard pulled out their Avaulta Plus transvaginal mesh products from the market in July 2012, the company is still facing numerous charges, allegations, and lawsuits over the injuries that the transvaginal mesh implants caused.
CR Bard Lawsuits and Litigation
In the last quarter of 2014, C.R. Bard Inc. agreed to settle more than 500 lawsuits regarding vaginal mesh implants by paying over $21 million. This averages a payout of over $43,000 per claim. According to Bloomberg, this is the first large-scale settlement of claims regarding the company’s devices. in these lawsuits, the vaginal mesh implants allegedly harmed women and damaged their organs.
In a July 2014 regulatory filing to the Securities and Exchange Commission, Bard reported more than 12,400 lawsuits. From the filing, it was noted that the company had expenses in the second quarter of the year regarding product liability matters totaling up to $262.7 million. This includes $4.2 million in costs regarding litigation defense related to a court order that involved 200 cases for trial.
Some of the many mesh device lawsuit cases have been consolidated in multidistrict litigations (MDLs), including the multidistrict litigation in Charleston, West Virginia. The MDL’s pre-trial information exchanges are being overseen by United States District Judge Joseph Goodwin. Goodwin had also ordered Bard to prepare for a total of 500 cases set for trial.
While federally filed multidistrict litigations regarding transvaginal mesh have reached a number of 60,000, over 9,000 of which are those filed against C.R. Bard. The seven multidistrict litigations regarding transvaginal mesh products and their manufacturers that are being overseen by Chief Judge Goodwin are:
In 2013, a West Virginia jury ordered the company to pay $2 million in damage awards to a woman who claims that Bard had hidden the flaws of some of the company’s vaginal implants. However, Bard agreed to settle the case. The amount was not disclosed.
Background on CR Bard and Its Mesh Products
In 2010, over 70,000 mesh devices were implanted across the United States. Court filings state that the procedure involving vaginal mesh implants would require vaginal incisions to reinforce pelvic muscles that could no longer support other internal organs, or to treat stress urinary incontinence. Many women complained of eroding implants after going through the procedure. Eroded implants can cause organ damage and/or perforation, pain, and pain during sexual intercourse.
The Bard Avaulta Mesh was designed and intended to rectify and rehabilitate vaginal structure after experiencing a pelvic organ prolapse. This condition usually happens after surgery or child birth and causes the womb to literally fall into the vaginal area. Pelvic organ prolapse can also lead to more serious complications such as stress urinary incontinence, pain and discomfort when the bladder and bowels shift away from its place and puts additional pressure on the vagina.
An increasing number of women still report severe injuries and complications after receiving surgery to implant the Bard Avaulta System. Many similar mesh systems, including Bard Avaulta Mesh, have been known to be associated with many dilemmas, including common complications such as erosion, extrusion, infection, hardening of the mesh, chronic pain, and damage to the surrounding organs.
C.R. Bard terminated sales of the Avaulta Plus mesh products in July 2012, the same month a jury verdict ordered the company to pay $3.6 million in damages for an Avaulta lawsuit. Avaulta is not the only mesh product that has shown risks of possible injury to patients. Bard’s other products such as Pelvilace, Pelvitex, Pelvisoft BioMesh, Collagen Matrix, and Pelivicol Acellular are also associated with the common complications of vaginal mesh products.
FDA Recalls, Warnings and Reports
The United States Food and Drug Administration had ordered Bard, along with other major medical device manufacturers, including Johnson and Johnson, Boston Scientific, and American Medical Systems, to gather new study rates of organ damages and other complications associated with the devices. This was done by the FDA after thousands of women filed lawsuits against manufacturers for the defective implants. The FDA also said that the medical implants should be susceptible to more stringent requirements with regard to safety.
Bard products were also approved through the FDA’s 510(k) premarket approval process, which skips the testing phase of the product, so long as the products in question were deemed “substantially equivalent” to other products that were already approved and are being sold in the market.
The FDA released an updated safety communication through its website which warned the public about the serious complications associated with transvaginal mesh devices that were intended to treat pelvic organ prolapse. The safety communication was released in July 2011, which also included other studies and reports that further support notions regarding the problematic issues of transvaginal meshes, like the FDA Public Health Notification in October 2008.
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