Judge Upholds $1.75 Million Punitive Damage Award in Transvaginal Mesh Case

Judge Upholds $1.75 Million Punitive Damage Award in Transvaginal Mesh Case

Posted By Golomb & Honik || 17-Feb-2015

A federal judge denied a motion to reduce the $1.75 million punitive damage award against C.R. Bard Inc., the manufacturer of the Avaulta Plus transvaginal mesh device used to treat pelvic organ prolapse and stress urinary incontinence. The judge ruled to uphold the large punitive damage award since evidence demonstrated that Bard knew their transvaginal mesh product was dangerous, yet did nothing about it.

According to evidence presented in the trial, Bard knew that the polypropylene resin used to manufacture their transvaginal mesh device was dangerous because Phillips company, the makers of the resin material, explicitly warned Bard that it shouldn't be used in permanently implanted medical devices. Phillips even refused to sell the material to Bard due to these risks. However, Bard purchased the resin from a different company and intentionally kept this fact a secret from Phillips.

Bard eventually stopped contacting the new supplier directly because the supplier refused to sell the resin material to Bard after learning it was being used in a dangerous way. In addition, evidence demonstrated that Bard:

  • Ignored recommendations from doctors and researchers stating that additional trials were needed before taking this product to market
  • Disregarded adverse results obtained on the tests that were conducted on their transvaginal mesh product, and failed to communicate these adverse results to doctors

Based on all of this evidence, the judge ruled that the high punitive damage award was appropriate due to Bard's reckless disregard of information demonstrating their product's potential to harm patients.

Bard is still facing several other class action lawsuits associated with their defective transvaginal mesh device. If you've suffered an injury due to this defective medical device, you may be entitled to compensation for your damages. The attorneys at Golomb & Honik, P.C. have decades of experience handling these complex claims, and we have the vast resources necessary to achieve a successful outcome through litigation.

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