Fourth Bellwether in Bard's Mesh Lawsuits Begins Next Week

The outcomes of C. R. Bard’s transvaginal mesh bellwether trials have been difficult to predict. The first trial over the company’s Avaulta mesh led to a $2 million verdict. The second, however, settled for an undisclosed sum on the day the trial was due to begin. The third trial was later voluntarily dismissed by the plaintiffs after their expert witness reportedly failed to pass a board exam. Bard successfully recovered legal costs associated with the suit. However, the judge denied the company’s request for attorney’s fees.

On December 3, the final bellwether trial will begin – and it remains to be seen whether the company will settle or fight it out in court.

The lawsuits accuse C. R. Bard of releasing a defectively designed product.

The bellwether trial, originally set to start on November 8, was delayed following a notice posted by Judge Joseph Goodwin last month. The case, filed by Carolyn Jones, is being overseen by Judge Goodwin in the United States District Court Southern District of West Virginia, as have all previous bellwether cases. These four trials are part of the multidistrict litigation over Bard’s pelvic repair systems and the outcomes will be used by all parties to gauge how future juries may react to the arguments and evidence presented.

The lawsuits share similar allegations (“Various Complications Linked to Transvaginal Mesh”) and accuse C. R. Bard of releasing a defectively designed product onto the market.