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
- 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.