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Bard Transvaginal Mesh Lawsuit Has A New Start

A Georgia nurse’s Bard Avaulta lawsuit for her transvaginal mesh insertion will have another day in court as a mistrial on a previous lawsuit was declared last month.

Donna Cisson, 54, had surgery to implant the transvaginal mesh manufactured by Bard Avaulta in 2009 in order to treat her pelvic organ prolapse. After suffering complications like bladder spasms, severe bleeding, and pelvic and rectal pain, Cisson had multiple surgeries to try to remove the mesh. Cisson, among thousands of other women involved in transvaginal mesh lawsuits, claim that Bard manufactured the mesh knowing the complications it could cause in women, including tissue erosion, infection and mesh disintegration. Cisson claims that this knowledge was kept from doctors and surgeons, and ultimately patients.

The Original Trial

Cisson’s trial first happened in early July, but was declared a mistrial by U.S. District Judge Joseph Goodwin after an industry expert, Dr. Lennox Hoyte, declared that the Bard Avaulta mesh was taken off the market. This declaration was deemed unforgettable to jurors by the judge who thought it created a biased jury.

Henry Garrard, Cisson’s attorney, said in opening arguments that Bard knew that transvaginal meshes within the company were manufactured with plastic that wasn’t suitable for implantation in human tissue, and had previously come with a warning stating that is shouldn’t permanently be internally implanted.

The plaintiff’s case is centered around the idea that Bard had ignored hard research/evidence that the mesh could cause tissue erosion and infection, which could’ve prevented danger to women as early as 2003. And the testing done on the mesh, Cisson claims, wasn’t as extensive as it should be, with Bard only choosing to test the mesh in sheep and rats without tracking long term effects.

Although Bard was warned by the plastics manufacturer, Chevron Phillips Chemical Co., about the dangers of using the plastic, Marlex PP, for the mesh, Bard continued its use citing that they felt Chevron Phillips was merely trying to watch its back in case any medical suits were to be brought agains the company. And to make matter worse, the suit claims that Bard tried to hide the fact that they were continuing to use Marlex from Chevron Phillips.

Bard Off the Market

In 2011, the U.S. Food and Drug Administration issued a safety precaution regarding reported injuries associated with vaginal mesh, citing that the risks of using vaginal mesh may outweigh the benefits. Later in 2012, the FDA took it a step farther and sent out a letter requesting that vaginal mesh manufacturers conduct more safety testing in regards to organ perforation, infection and painful sex. It was when Bard received this notification that they removed the mesh from the market.

Cisson, among other lawsuit plaintiffs, insist that when Bard removed the mesh from the market they implicated that they were aware of the mesh could cause complications all along.

Of the 24,000 transvaginal mesh lawsuits, 3,400 are solely related to Bard Avaulta.

For the latest updates on Bard transvaginal mesh lawsuits, visit www.bad-drug.net.