Recently, our transvaginal mesh plaintiff attorneys reported that the first bellwether case in a transvaginal mesh lawsuit had been resolved, with the plaintiff being awarded $250,000 in compensatory damages and $1.75 million in punitive damages. Just a few short days later, WOWK TV reported that a second transvaginal mesh case settled.
The terms of the settlement have not been released and are confidential, according to the reports. However, since this settlement closely follows the case resolved in favor of the plaintiff earlier this August, the cases thus far seem to be showing a trend of going in favor of the plaintiffs. Although past cases cannot guarantee future results, this could be a good sign for the injured victims who were harmed by transvaginal mesh devices.
Second Transvaginal Mesh Case Resolved
The second transvaginal mesh case, like the first, was brought against mesh manufacturer C.R. Bard Inc. The injured victim in the case asserted that she had been implanted with a C.R. Bard mesh product called the Avaulta Solo Anterior Synthetic Support system as a method of treating her pelvic organ prolapse (POP). The procedure took place in 2008.
Unfortunately, the mesh quickly began causing serious problems. The plaintiff indicates that the C.R. Bard product caused her to experience mental and physical pain and suffering; physical deformity and permanent injury. The mesh also reportedly caused an infection, interfered with marital relations between the plaintiff and her husband and necessitated that she undergo six corrective revision surgeries.
The victim sought damages to cover the costs of medical bills and to compensate her for pain and suffering and mental anguish. Additional punitive damages were anticipated, especially after the initial trial resulted in such a large punitive damage award by the jury.
The trial for this second bellwether case was supposed to start on the August 21st, but since a settlement agreement was reached, there is no need for the claim to be heard in the courtroom. The confidential settlement means that other injured plaintiffs who were hurt by transvaginal mesh products will not know what amount of money the injured victim received in this case. However, the fact that the case did settle before trial could potentially indicate that the company is going to be more amenable to settling rather than risking another multi- million dollar jury verdict.
It is important to realize though, that while these early cases have been good news for plaintiffs, there are another two bellwether cases upcoming that could have different results. As the WV Gazette indicates, there is a chance that the next trial will result in an outcome that favors the defendant.
The next trial is scheduled to begin on October 8 and has been described as a case that the defendant’s picked because of the thought that it was a winnable case for the defense. Even if the defense is successful in the next claim, however, future plaintiffs with proof of the harm the vaginal mesh caused them may be able to successfully settle their claims or receive large damage awards from a jury who finds in their favor.
If you or a loved one was injured by transvaginal mesh, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — 1-888-367-2900.
More Blog Entries:
TransVaginal Mesh Lawsuits Spike as Statute of Limitations Nears, Boston personal Injury Attorney Blog, August 1, 2013.