July 23, 2012: $5.5 million has been awarded to a 53-year-old woman implanted with a transvaginal mesh patch, who suffered painful complications requiring extensive revision surgeries.
The landmark decision is the first of more than 1,000 lawsuits facing manufacturer Avaulta Mesh, C.R. Bard Medical, for alleged adverse effects resulting from the product.
“I was like ‘Thank you, God.’ We can finally get the word out to women,” said plaintiff Christine Scott after the verdict. Scott had been unable to speak about the case during the trial due to a court-ordered silence.
In 2008, Scott received an Avaulta transvaginal mesh implant to remedy incontinence. She almost immediately suffered complications, including cuts in her colon and tissue growth through the mesh. To date, she has had eight corrective surgeries and faces the prospect of more in future.
“I don’t know if I’ll have 10 surgeries now. I don’t know if I’ll have one. I don’t know if I’ll have 100. The doctors cannot tell me,” Scott is quoted as saying in a Kern County, CA, newspaper article about the case.
The Kern County Superior Court awarded Scott $5 million and added a $500,000 award for her husband, finding that her health complications had resulted in loss of the couple’s sexual relationship.
The decision comes after a four year legal battle, during which Scott could not warn other women of the dangers of the Transvaginal Mesh Patch due to the silence order. Scott’s first response after hearing the verdict was relief at finally being able to spread the news.
C.R. Bard Medical’s attorney says C.R. Bard stopped selling the Avaulta Mesh on July 1, 2012 in the United States, because the FDA requested more clinical trials. Firm partner, Brandon Smith commented: “CR Bard silently removed their defective vaginal mesh product without announcement.” Also on July 1, 2012, Johnson & Johnson removed its four mesh products in a West Virginia federal courthouse. Smith has been quoted as saying he doesn’t feel there is a coincidence.
The Food and Drug Administration has received more than 3,800 reports of significant complications associated with transvaginal mesh patches. Lawsuits are also pending, including the following as of July 1, 2012:
If you or someone you know has received a transvaginal mesh implant and is suffering from complications, call our firm today. Your call and all your questions are confidential, and there is no obligation.