$68 Million Verdict Upheld In The First Bard TVM Trial

$68 Million Verdict Upheld In The First Bard TVM Trial

Introduction

A New Jersey Superior Court upheld the $68 million verdict awarded to a 70-year old North Carolina resident over the alleged injuries suffered due to C.R. Bard's defectively designed transvaginal mesh implants, Avaulta and Align. The case was the first one to go for trial in the pelvic mesh litigation in New Jersey Bergen County Superior Court.

The plaintiff was implanted with the now-recalled devices, Avatula Solo Prolapse Repair System and Align Transobturator Stress Urinary Incontinence Repair System in 2009. A series of complications followed since then, leading to multiple corrective surgeries including vaginal reconstruction. However, she continued to suffer from chronic pain and discomfort. In May 2018, the Bergen County jury awarded the woman $ 23 million in compensatory damages, and her husband received $ 10 million for loss of consortium. Later, in April 2018, jurors awarded an additional $ 35 million in punitive damages. The trial court denied Bard's motion, which stated that the massive award was not supported by the evidence provided by the plaintiff and must be tossed. Avaulta transvaginal mesh was pulled out from the market in 2012, and Align devices were withdrawn in 2016.

About 100,000 lawsuits are filed against the makers of transvaginal mesh implants by women who suffered severe internal injuries due to faulty mesh design. C.R. Bard is just one of the several other manufacturers including American Medical Systems, Inc., Boston Scientific Corp., and Ethicon, Inc. accused in the pelvic mesh litigation.