Saturday, July 28, 2012

$5.5 Million Awarded to Transvaginal Mesh Victim

You might wonder why I am publishing the court award for a transvaginal mesh victim.  Recall that there are 4 big product issues surrounding 4 medical devices that classified as dangerous medical devices (see this link for more information http://www.mydepuyhiprecall.com/2012/03/consumer-reports-investigates-dangerous.html):
  • MoM hips
  • Transvaginal mesh
  • Lap bands for people who have had surgery on there stomach for weight loss
  • Implantable Cardiac Defibulators
Perhaps this is an indicator of what happens with court trials involving all of these devices including the hips.

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 excerpts  from Virtual Strategy Magazine.

A jury awarded a woman $5.5 million against C.R. Bard for serious injuries sustained by a transvaginal mesh device. This was the first transvaginal mesh claim to go to trial, however there are currently hundreds of other similar cases currently pending just within the four federal vaginal mesh MDLs against multiple manufacturers, including C.R. Bard (MDL 2187), American Medical Systems (MDL 2325), Johnson & Johnson’s Ethicon (MDL 2327 ) and Boston Scientific (MDL 2326), which are pending in the U.S. District Court for the Southern District of West Virginia before Judge Joseph R. Goodwin, involving polypropylene mesh used to treat pelvic organ prolapse and stress urinary incontinence. “This verdict gives validity and merit to women’s transvaginal mesh claims and illustrates the gravity of some of the injuries sustained,” commented Attorney Holly Ennis of Ennis & Ennis, P.A.

Christine Scott, 53, of Bakersfield, CA had two of Bard’s mesh devices implanted in 2008 to treat occasional urinary incontinence, but has since undergone eight additional surgeries and nine other procedures due to the mesh device cutting her colon and tissue that continues to grow through the tiny holes of the mesh, according to court documents. Yet, it wasn’t until July 1, 2012 that the defendant Bard suspended sales of Scott’s mesh device in the United States. Meanwhile, in July 2011, the FDA issued a Safety Alert for all transvaginal mesh devices stating it was unclear if the “mesh is more effective than traditional non-mesh repair” and may expose patients to greater risk.
Like Ms. Scott, hundreds of women suffer as a result of transvaginal mesh devices. The FDA's Safety Alert warns that complete removal of the mesh device may not be possible and may not result in complete resolution of complications, including pain. The FDA further warns that injuries include vaginal mesh erosion, pain, painful sexual intercourse (dyspareunia), infection, urinary problems, bleeding, organ perforation, recurrent prolapse, neuro-muscular problems, vaginal scarring/shrinkage and emotional problems.

More Study

In January, the FDA ordered 31 manufacturers, including Bard and J&J (JNJ) (JNJ), to study rates of organ damage and complications linked to the vaginal-mesh implants. The companies must conduct three years of studies on the devices’ safety and effectiveness, regulators said. Some women contend the devices eroded and shrank over time, causing pain and injuries.

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I wonder if this was a bell weather trial to indicate the propensity of a jury to issue large awards?







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