West Virginia Judge Dismisses 149 Mesh Lawsuits After C.R. Bard Enters Into Settlement Agreement
This month, a federal judge in West Virginia dismissed 149 product liability actions brought against C.R. Bard involving its transvaginal mesh device products after the parties entered into a settlement. The exact terms of the settlement agreement have not been revealed.
The company’s pelvic products are intended to treat women who suffer from pelvic organ prolapse and stress urinary incontinence. Thousands of women reported experiencing severe complications after the device was implanted, however, including cramping, abdominal pain, bleeding, painful intercourse, and more. In many cases, women required additional surgeries to remove the devices, which often migrated out of their original locations, and to repair the resulting internal damage. Although some injuries were addressed through the follow-up procedures, many women are facing long-term or permanent injuries associated with the products.
Thousands of lawsuits have been brought against Bard alleging that the Avaulta product was defective, resulting in the formation of a Multi-District Litigation proceeding, known as MDL No. 2187. An MDL is similar to a class action in that a number of plaintiffs with common injuries and causes of action are grouped together. It differs from a class action, however, in that each plaintiff must still plead and prove his or her individual claim.
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