New evidence was recently unsealed last week in the United States District Court for the Southern District of West Virginia revealing that medical device corporation C.R. Bard knew of the dangers posed by resin-based plastic in their Avaulta vaginal mesh products. According to court documents, executives at the Davol unit of Bard exchanged emails regarding the safety risks and hazards created by the plastic used to make transvaginal mesh products – a fact that can be used as incriminating evidence of their knowledge of the dangers their product posed to consumers.
The emails were distributed from the current Vice President to various colleagues at Davol between 2004 and 2007. In the emails, the executive warned colleagues to not use the company’s name when conversing or conducting business with the suppliers who provided plastic used to make Avaulta mesh products. He also stated that Phillips Sumika – a manufacturer of the resin-based plastic – disclosed that the Marlex polypropylene used in the Avaulta device was unsafe for human implantation and that the company did not want its plastic materials used in any medical devices.
Given the prevalence of adverse health effects and injuries in women who have vaginal mesh products, hundreds of vaginal mesh lawsuits have been consolidated into a multidistrict litigation (MDL) action against Bard. While the cases will be tried separated, they were grouped together to expedite the pretrial discovery process – the legal procedure in which information is exchanged prior to the trial phase. The U.S. District Judge unsealed these emails, ruling that they were essential to raising questions as to whether Bard was aware that their products were dangerous for their intended use and that their conduct placed consumers and patients at risk for suffering injuries. In personal injury cases, individuals and corporations can be held liable for the damages they cause when it can be shown that they knew, or should have known, that their conduct placed others at risk for suffering injuries. Trials are set to begin sometime this summer.
Transvaginal mesh is a medical device most commonly used to treat female reproductive disorders such as pelvic organ prolapse and stress urinary incontinence. Mesh products are used to support organs within the pelvic region and are implanted against the vaginal wall to stabilize damaged areas.
As the years have passed, numerous women throughout the country have reported serious health concerns and injuries after the implantation of transvaginal mesh products. In more than 15% of women who underwent these surgeries, erosion of the mesh products caused significant injuries, scar tissue, and health complications. Pain, infections, and other adverse side effects were common and increasingly reported.
If you or your loved one has experienced adverse health effects after undergoing surgery using Bard’s Avaulta device or any other transvaginal mesh product, our firm is here to evaluate your case, inform you about your rights, and explain how we can help you navigate the legal pathways needed to recover your damages. Our New York City personal injury attorneys have more than 75 years of combined experience and have been immersed in transvaginal mesh litigation for years. We know that the struggles women face as the result of these products can create tremendous physical, emotional, and financial strains, and we offer our genuine support and relentless representation to help them secure the compensation they rightfully deserve. Contact Hecht Kleeger & Damashek to learn more about pursuing a transvaginal mesh lawsuit.