I don’t think the vaginal mesh manufacturers really want to take more of these claims to court. The next transvaginal mesh trial should have been in New Jersey today. But CR Bard smartly agreed to resolve an Avaulta Plus mesh case where a woman claimed the device caused her urinary problems.
These manufacturers must see the handwriting on the wall. Juries have been writing in bold: you are going to lose these cases.
This is Bard’s second settlement since they got hit with a $2 million verdict in West Virginia in August.
The lesson of that trial, I think, is that a conservative jury is not going to like what these device makers have done in these cases. Why do I say that? The jury only awarded $250,000 in compensatory damages. That’s pretty low. But the jury hit Bard with more than 6 times that amount in punitive damages. When a jury gives a punitive damages award like that, they are sending a loud message: we think you did very wrong here.
Status of Litigation
I think the majority of these cases are going to settle soon.
I once talked to a defense lawyer about these cases. He volunteered that these are good cases for the plaintiffs. I’m sure he would get in trouble if his client knew he was telling me this. But it was not exactly a revelation. There were a million mistakes made as these companies blindly chased profits.
But you can’t reach a global deal just by agreeing that plaintiffs have a good case. You have to agree on the value. Before we started trying these cases, there was a clear difference in what the plaintiff and these device makers believed to be the real value of the cases. These verdicts are narrowing that gap.
I think the risk of continuing to try these claims is too great for the manufacturers. My prediction? You will see one, maybe two more trials and we will have a global settlement that resolves over 85% of these suits.
Filing a Lawsuit
If you or a loved one has suffered any negative effects as a result of transvaginal mesh, protect your rights. Call us at 800-553-8082 or talk to us online. There is no fee or cost for you in pursuing your claim unless you win a recovery.
For more information on Transvaginal Mesh:
- $2 Million Bard Vaginal Mesh Verdict
- Transvaginal Mesh: Lawsuit Begins Today
- Vaginal Mesh Award: Can you say $55 Million?
- Cook Medical: Lawsuits