Plaintiffs Rest in Donna Cisson Transvaginal Mesh Trial, Bard is Next

Jane Akre
August 10, 2013
Lori Cohen and team outside federal court , Charleston, WV, July 8, 2013

Lori Cohen and team outside federal court , Charleston, WV, July 8, 2013

The law clerk from Judge Joseph R. Goodwin informs MDND that the plaintiff's presentation on behalf of plaintiff, Donna Cisson has rested. Now it is time for the defense to put on its case for the eight jurors.

Lori Cohen is the attorney representing Bard.

Before attorneys rested, they had Donna Cisson take the stand as well as her explant surgeon Dr. John Miklos of Atlanta.

A deposition is a question and answer session recorded on print and sometimes on video during the "discovery" process of the trial when both sides get to "discover" what evidence exists.

Among them, Bard must deflect the Materials Safety Data Sheet (see story from July 9) that showed the company it was not supposed to use the Marlex resin to make polypropylene medical devices, especially those that are permanently implanted in humans.

During the first trial, before the mistrial, Cohen told jurors that the raw material and the final product are not one in the same. Still, executives within Bard discussed how NOT to let the Marlex supplier know the eventual product to be created and even went to the trouble of creating a dummy corporation to buy the Marlex.

This information was revealed in the first trial which began July 8 but ended in a mistrial July 10. This second attempt at the Cisson case began July 29.

Judge Joseph R. Goodwin

Judge Joseph R. Goodwin

Judge Joseph Goodwin has promised this case will take about 12 days. He has three other bellwether cases to follow which all name C.R. Bard & Co. of New Jersey.

Here are the other cases:

Cisson, et al. v. C. R. Bard, Inc. 2:11-cv-00195

Queen, et al. v. C. R. Bard, Inc. 2:11-cv-00012

Rizzo, et al. v. C. R. Bard, Inc. 2:10-cv-01224

Jones v. C. R. Bard, Inc. 2:11-cv-00114

Learn More:

So. District of West Virginia

Dr. John Miklos Deposition
Bard Exhibits #103-2 Miklos Depo 20112967344

MDND Story on First Trial, July 9, 2013

A PACER account will allow you to log into the court records and read all of the discovery in the case.

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