Bard Reaches Transvaginal Mesh Settlement

Neal Donaghy | September 30th, 2013

Transvaginal Mesh Lawsuit FundingThe company behind Avaulta transvaginal mesh products has reached an agreement to settle a major lawsuit before going to trial. The case against C.R. Bard was lodged in a New Jersey state court, and included allegations of severe urinary problems caused by the Avaulta mesh. According to a Bloomberg report, the plaintiff has reached a transvaginal mesh settlement with Bard for an undisclosed sum.

At least one other settlement has been reached, but Bard is still facing thousands of  vaginal mesh lawsuits in state and federal courts all over the country. Recipients of the Avaulta mesh say the product has a defective design and is unreasonably dangerous due to mesh erosion and other complications. A number of bellwether trials have been scheduled at the state and federal level in order to gauge the likely response from juries.

More than 3,400 Bard Avaulta cases have been consolidated as part of a multidistrict litigation (MDL). District Judge Joseph Goodwin  is overseeing the Avaulta MDL in the Southern District of West Virginia, and is also presiding over five other transvaginal mesh product liability MDLs, including claims against American Medical Systems (AMS), Boston Scientific, Ethicon, Coloplast and Cook Medical. More than 800 lawsuits relating to the Bard Avaulta mesh are also pending in New Jersey state court, where the cases have been centralized before Judge Carol E. Higbee.

FDA warns about pelvic mesh complications

The number of women filing transvaginal mesh lawsuits has risen sharply in recent years. The FDA received more than 1,500 reports of injury and life-threatening complications between 2008 and 2010. A further 2,875 complaints had been submitted by the middle of 2011, and three deaths allegedly caused by surgical mesh complications were reported between 2005 and 2010.

The FDA issued a warning in July 2011, suggesting that vaginal mesh products do not provide any additional benefits compared to other pelvic organ prolapse treatments (like surgery). The FDA stated that 10% of mesh recipients had suffered complications, and in early 2012, they sent a letter to several manufacturers ordering them to conduct additional clinical trials to evaluate the safety of mesh products.

How transvaginal mesh lawsuit funding can help

A number of transvaginal mesh lawsuits have resulted in substantial payouts. One trial pertaining to Ethicon’s Gynecare mesh ended in a verdict of $11.1 million, and in June, and AMS settlement reportedly ended in payouts worth $54.5 million. The first transvaginal mesh lawsuit in the country went to trial back in July 2012, and resulted in a jury award of $5.5 million in damages.

Judge Goodwin has scheduled start dates throughout 2014 for bellwether hearings. For some plaintiffs, the cost of mounting a legal battle may be too much to bear, even if victory is likely. Transvaginal mesh lawsuit funding can help plaintiffs make ends meet until they reach a settlement.

LawStreet Capital specializes in pre settlement loans to women awaiting compensation from companies like Bard, AMS, Cotoplast and Ethicon. Transvaginal mesh lawsuit funding can help plaintiffs avoid settling for less than they deserve, effectively bridging the gap between lodging a complaint and receiving a payout (a process that can take years).

Because LawStreet Capital assumes all risk and the cash advance is only repaid if you win or settle your claim, there is no risk involved, and our rates are among the most competitive around. Our legal experts are well-acquainted with the ongoing litigation against mesh manufacturers, so we understand the financial and psychological burden placed on women awaiting justice.

Once approved, a cash advance can be in your bank account fast- in most cases, within 24 hours. To find out more about transvaginal mesh pre settlement loans, contact LawStreet Capital toll-free at 1.866.FUND.662.