C.R. Bard Inc. to pay $200 Million in the Second Major Transvaginal Mesh Settlement.
 Aug 19th, 2015


C.R. Bard Inc. one of seven companies facing lawsuits over their Transvaginal Mesh implants agreed to pay around $200 Million dollars to settle a portion of their claims. This settlement will resolve about 3000 claims and is estimated to be around 20% of the total claims C.R. Bard Inc. is facing. For at least 5 years thousands of women have reported severe complications from these implants. Many of these women have had to undergo multiple corrective surgeries to correct these injuries.

This is seen as another small victory for the thousands of other women who still have unsettled claims. According the Bloomberg Business sources close to the accord claim that the women will get around $67,000 per case. This is slightly higher than a settlement by Boston Scientific reached earlier this year which averaged $43,000 a claim. Both Settlements are much less than compared to the $2 Million dollars a West Virginia jury awarded a Women in 2013.

Judge Goodwin is the U.S. District Judge that is overseeing all the Vaginal Mesh cases that are part of the Multi District litigation. Goodwin has urged Bard and the other manufactures to consider a large scale settlement or they risk owing billions of dollars in jury awards. Although Boston Scientific & C.R. Bard Inc. have settled a small percentage of their total claims both company’s still claim their devices are safe and effective and have not claimed any responsibility for the claims against them.

The Manufacture’s risk of not settling.

C.R. Bard Inc. might be wise to consider the direction Judge Goodwin is advising, A bunch of Multi-Million dollar lawsuits could cripple and possibly bankrupt this big corporation. Bard recently added an additional $337 million to its $660 Million dollar reserve they have for product liability claims. They acknowledged it resolved around 2,800 claims over “Women’s Health Products”, according to a filing from the U.S. Securities and Exchange Commission on July 24, 2015.

Bard has been in communication discussing settlements with some of the attorneys for other women who have made claims against this manufactures. Joe Rice an attorney based out of South Carolina stated “We’ve been talking” but no other settlements have been announced as of yet.

Reports of Organ Damage and other complications.

In 2011, The FDA released reports that it had received more than 4000 complaints related to transvaginal Mesh and bladder sling implants. This prompted the FDA to order Bard, Johnson & Johnson, Boston Scientific and other Manufactures to run independent studies of the rates of Organ Damage linked to these implants. These implants are used to treat pelvic organ prolapse the device is threaded into the vagina to support the pelvic muscles. They are also used to treat Stress Urinary Incontinence (SUI). Thousands of woman have complained that these devices were poorly designed and contained materials that are not safe for use in humans. Many of these women have undergone multiple surgeries to correct these problems.

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Judge in MDL Warns TVM Shareholders

U.S. District Judge Joseph Goodwin, who is overseeing the MDL in West Virginia recently issued a warning to shareholders of C.R. Bard that failure to settle pending claims could lead to enormous financial losses according to a recent Bloomberg article. The warning was issued at a December 9, 2014 hearing in the wake of several multi-million dollar jury awards in TVM lawsuits against C.R. Bard. “I can’t imagine a corporation facing potentially billions of dollars in verdicts wouldn’t find it advisable to try to achieve a settlement for a much lesser sum, said Judge Godwin. “I based that billions of dollars business on some of the rather large verdicts that we’ve had.”

Recent Large Jury Verdicts/Settlements

A number of recent settlements and verdicts in TVM lawsuits offer encouragement to many patients who have suffered serious harm caused by this medical device. Some recent examples include: February 18, 2015: C.R. Bard settles a bellwether case for an undisclosed amount one day prior to the date set for trial. Bellwether trials provide a way to gauge likely jury responses to witnesses and testimony likely to be presented in multiple cases. The victim claimed that transvaginal mesh posed an unreasonable risk of complications that include bleeding and scarring. (Reuters)
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