• Transvaginal Mesh Trial Set in February Will Go Forward, Rules Court
  • March 23, 2015
  • Law Firm: Waters Kraus LLP - Dallas Office
  • In the transvaginal mesh litigation pending against C.R. Bard Inc. in federal court in West Virginia, the court has denied the manufacturer’s motion to delay a trial scheduled for February. Bard had argued that it was prejudiced by Judge Goodwin’s remarks that the pelvic mesh manufacturer should settle the cases filed against it because the company is possibly facing billions of dollars of liability in jury verdicts. According to Bard, it has been harmed by the extensive media coverage. Further, claims Bard, the judge’s remarks suggest that he may already have reached a decision about the manufacturer’s liability.

    Bard is the maker of Avaulta transvaginal mesh implants, which were used to treat stress urinary incontinence or pelvic organ prolapse in thousands of women. Over time, the Avaulta medical devices reportedly degrade, resulting in painful sexual intercourse, scarring, bleeding, bladder spasms and other injuries.

    Bard is currently set for trial on February 18.

    In response to Bard’s motion, the plaintiffs in the case responded that high profile cases always receive a lot of attention in the press and that this does not warrant a delay. In addition, the plaintiffs noted that Bard was in a poor position to complain about the heightened press coverage since the pelvic mesh maker and its lawyers had already commented on the litigation in the media and in a blog on the Internet.