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C.R. Bard Sold $24 Billion, Transvaginal Mesh Maker With 15k lawsuits

Mesh Medical Device News Desk, April 24, 2017 ~ C.R. Bard to be sold for $24 billion.   

Sunday it was announced that Becton Dickinson (BD) and Company (NYSE BDX) will acquire C.R. Bard for $317.00 per common share in cash and stock.   The agreement totals $24 billion.

As was the case when AMS was sold to Endo International,  the  acquiring  company generally buys the liability or outstanding lawsuits as well.

Bard Avaulta mesh

In this case, C.R. Bard is facing 15,363 lawsuits (with 8,747 closed) over allegedly defective transvaginal mesh products, filed in multidistrict litigation MDL #2187. (Here

Additionally there is a New Jersey state MDL with 130 remaining cases on the docket, according to a status report (here) issued in April. (Master Docket No. BER-L-17717-14, Superior Court of New Jersey, Bergen Co.)

The New Jersey Pelvic Mesh Cases are listed here and includes thousands of cases filed against another New Jersey company, Johnson & Johnson (Ethicon).

Becton Dickinson, a Franklin Lakes, N.J.- based medical device giant, offers products to treat diabetes, anesthesia care and diagnostics. BD announced it would improve its ability to offer products that reduce the chance of hospital-acquired infections. Bard offers devices in urology, oncology and vascular.

The deal should be closed this fall and USA Today reports, after regulatory and shareholder approval. This is the fourth largest acquisition of the year and the largest in the U.S.

Together the companies have about $16 billion in annual revenues and 65,000 employees.  BD hopes to accelerate growth into China and internationally.

Bard’s CEO will join  BD’s board of directors.

Lori Cohen, attorney for C.R. Bard

OUTSTANDING LIABILITIES 

C.R. Bard faced its first bellwether case in August 2013 with the D. Cisson trial.  MND story here.

Cisson was awarded $2 million by a Charlest0n, WV jury.  That case was precedent setting because it was the first in a decade to allow the state of Georgia to collect 75% of the punitive damage award of $1.75 million. In 1987, Georgia added that provision as part of tort reform in 1987, to discourage lawsuit.

On January 20, 2015, Judge Goodwin denied the plaintiffs’ motion to declare that Georgia’s law regarding punitive damages unconstitutional. ion of 1987.

Bard also wanted punitive damages reduced from $1.7 million to $250,000. That too was denied.

In 2015, Bard agreed to settle 3,000 mesh cases for $200 million. In 2014, Bard agreed to a $21 million settlement to resolve 500 defective product lawsuits.

Bard, based in Georgia, manufactures various medical devices including:

      Avaulta Plus™ BioSynthetic Support System

      Avaulta Solo™ Synthetic Support System

      Faslata® Allograft

      Pelvicol® Tissue

      PelviSoft® Biomes

      Pelvitex™ Polypropylene Mesh

 

12 Comments

  1. Kitty says:

    That is shocking. News.

  2. DIVA64 says:

    I can’t say I am surprised at the figures for the 3,000 cases, or 500 cases based on what J&J was authorized by the WV Supreme Court to settle at.
    I was very much afraid and angry that it would end up something like that.
    We have been harmed ever since the toxic poision was placed in us.
    This is just more poision for C.R. Bard Victims. The only one walking away from this not crying in pain will be the ones that received those million and plus settlements. I do wish someone could explain how one life is more valuable than another. I guess this is just good old sweet American Justice . DON’T TIP THE SCALES JUSTICE

  3. lordhelpus says:

    So let the criminals continue to commit more crimes….to them all we’re no better than lab rats….

  4. Payton says:

    Jane do you have any clue what this means for the rest of us that are still waiting for our cases with C.R.Bard to be settled or go to court . Will the new company really take those cases on as their responsibilities too, and how long now must we wait . Thank you for all you do to keep us informed also.

    • Jane Akre says:

      I’ve not received an answer on that yet, likely no one knows, but generally they take the good with the bad, like happened with AMS/Endo.

      • angela says:

        So does that generally mean they are more willing to settle on cases? I know right now we are waiting on a trial date because Bard is being difficult.

  5. tracye says:

    There was no mention of Boston Scientific in this article. There was mention there would be. Did I miss it somehow?

  6. Lyn says:

    Its about time this is all coming out a few years ago I tried calling around for info on this and also called to speak to lawyers and at the time no info was available I was told. I have a Bard Poly mesh (that is preserved at a hospital lab for me) after my 1st surgery, I have had so far 4 surgeries to try and fix the problems the mesh caused but the fact remains that I will be in pain for the rest off my life. I no fun being cut from hip to hip and having drains and wires hanging out your body and being told that you cant pick more than five lbs now you cant exercise, cant walk more than a 1/4 mile at a time if that’s and only if the pain doesn’t increase, can stand more than 20 min. or sit more than 20 min. can not shop on my own as its to much on my body and causes to much pain, I can not even go to the beach if I a wave knocks me over it or I fall in the sand I would end up back in surgery it can be life threating. this has taken away so much I used to love doing I can not even ride my bike I can not do everyday things that one would not even think about not being able to do. I have to have help cleaning my house as I cant do the heavy work. the mesh for me ate up my nerves and were woven into the mesh a lot of them had to be cut out some they have tries to leave after the mesh came out but those nerves are now causing even more pain and need to come out so back to surgery. it is all so much my family my husband worries all the time about me, the dr. bills and the travel to go to my dr’s who are 7 hrs away is off the charts I don’t even want to add it all up thousands and thousands it has put a burden on our family. I have had to leave my career because of this mesh and the damage it did, its so hard to understand how these companies feel they should be able to get away with this. As the saying goes “walk in my shoes” I want to say I Pray for all who are in pain and hope for them to get the help we deserve and need. The pain at times is unbearable but you don’t have a you have to deal with it, but its not only you its all who are around you it effects all who love you. My fear is that my son only remembers me being in pain and having surgery, its been so long and so much. I have been Blessed to find a very good Dr and Hospital a few years back that have helped me do much though as I have said all the things I cannot do and the pain everyday, they saved my live the mesh was slowly killing me strangling my organs and attaching to everything it could, so for the Dr;s and what they did for me I am forever grateful I am better off today for them. My dr;s always from the beginning took a “lets find out what going on and try to fix it approach ” (of course these are not he same dr. or hospital who put the badd mesh in) it took years to find a Dr, to listen and knew what to do, they did tell me that no matter what I would still be in pain for the rest of my life for the mesh did so much damage beyond what anyone could have imagined. I did have my mesh preserved by the lab at the hospital and they still have it, I don’t know why I did this just a feeling that maybe one day I might need it. well that’s just the short version of what is going on with me, Thank you all out there for your stories and your life tell and your caring. hugs and feel better.

  7. Mardi says:

    As I understand, the case filed on my behalf along with thousands (?) of other women RUINED/DAMAGED/MAIMED by Bard mesh devices, has settled. I got my proposed settlement papers and was shocked to see so much will go to so many others before I get anything. But the worst was being told that I’d only get half of what others in my Tier would be getting because I wouldn’t live with my broken body as long as others might. What? WHAT? NO ONE has any guarantee they will live beyond today! I don’t know what the magic age is when what was done to me became less significant. I’m guessing 50??? So 1/2 of not enough money because THERE ISN’T enough money to make up for what I’ve lost, and what will go to the main attys, the helping attys and the attys for the attys, reimbursement to my insurance company for all they paid, and finally, monies held back for some reason I don’t understand, and then their “generous” remainder will be mine. I realize I can refuse the settlement, but then I don’t have the money for a private atty to file another law suit, and who knows how long it would take to get through the system?? It seems everyone forgets WHO was damaged here? We’re women who had surgical procedures done to improve a problem only to end up in far worse condition that we were initially. What has been done to me CANNOT be undone and no amount of money can restore all I’ve lost. I really thought I was taking care of my body so I could live out the next 40 or so years in better health. (And isn’t 50 the new 30??)

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