FREE CASE EVALUATION: 1-800-632-1404
Tens of thousands of women receive a transvaginal mesh (TVM) device each and every year from numerous suppliers: American Medical Systems, C.R. Bard, Boston Scientific, Coloplast, and Johnson & Johnson / Ethicon. Thousands of women have been injured through no fault of their own, including vaginal erosion, pain, urinary problems, bleeding, infection and more. Our attorneys are representing women in all fifty states and Canada who have been injured. For a free case evaluation, call 1-800-632-1404.
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As attorneys that represent women who received transvaginal mesh devices and/or transvaginal slings, we wanted to advise that a West Virginia judge has declared a mistrial in a transvaginal mesh case involving the C.R. Bard Avaulta Pelvic Repair Kit. The mistrial came on the second day of the case involving C.R. Bard based upon the plaintiff’s expert witness’s statements concerning Bard’s marketing of the device. Judge Joseph R. Goodwin of the United States District Court for the Southern District of West Virginia halted the trial involving gynecological expert Dr. Lennox Hoyte. In a July 4 order, Judge Goodwin had already ruled that while Hoyte is qualified to opine on the design of the Avaulta mesh products, Hoyte is not permitted to testify as to marketing of the products, ruling it is “not an appropriate subject of expert testimony and will not assist the jury.” It should be noted that the Avaulta products were designed to lift the pelvic organs via a strip of mesh which adheres to the vaginal tissue for reinforcement and stability. The Avaulta products contain either a synthetic polypropylene mesh or a biologic mesh comprised of various materials.
In similar news, the same judge has refused to reconsider his granting of a partial summary judgment to C.R. Bard, Inc. on failure to warn claims brought in an Avaulta pelvic repair case finding the plaintiff did not make the requisite showing that at the time the product left Bard’s control, it failed to contain adequate warnings or instructions. In his ruling, the Court found that because plaintiff’s doctor did not review the instructions for use on the Avaulta product, no amount of warnings would have caused the doctor to act any differently. Further, the Court concluded that the plaintiff failed to show a genuine issue of material fact on the issue of causation finding that the plaintiff never directly responded to Bard’s argument that her doctor simply never read the product’s instructions for use. The Court similarly denied the plaintiff’s request for a Federal Rule of Civil Procedure 54(b) Order, which would have allowed the plaintiff to immediately appeal the Court’s ruling.
If you or a loved one have received a transvaginal mesh device and would like to speak to an attorney about making a claim, please contact us as soon as possible for a free case evaluation
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NOTE: Our team of attorneys will review potential cases for all fifty states, including Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin and Wyoming.