The first transvaginal mesh case that Bard will face in New Jersey is set to kick off as jury selection began earlier this month. The plaintiff in the case claims that two of Bard’s products, the Avaulta and the Align transvaginal mesh devices, were defective and caused her significant injuries and have left her with lifelong chronic pain. According to courtroom blog CVN, she also claims that Bard knowingly put her in danger when it chose to market and sell a product that contained chemicals that could react poorly with bodily tissues. Not only did Bard market and sell this product, but it did nothing to attempt to warn doctors or the public of the mere chance of potential injury.
Bard is apparently denying the plaintiff’s allegations, although it is notable that not just one but both devices in question have been removed from the market. Instead, the corporation insists that the problem lies with underlying medical conditions the patient had before treatment began.
Trials in other states over Bard mesh devices have had mixed results. California and West Virginia trials have ended with plaintiffs’ decisions into the millions of dollars, while a Missouri court sided with the defense.
Pelvic and transvaginal mesh lawsuits are frequently centered around the allegation of faulty design and a propensity for device failure. In 2015, Bard agreed to pay over $200 million to settle more than 3,000 transvaginal mesh lawsuits involving such failures. Erosion, perforation, and migration are just a few of the possible side effects that can occur when these devices fail and can cause lifelong pain and suffering. Other possible injuries include infection, nerve damage, and sexual dysfunction.