June 26, 2013 ~ Bloomberg is reporting on court documents revealed in advance of the July 8, C.R. Bard trial that the company had been warned the plastic used in its hernia and transvaginal mesh was unfit for human implantation. Read the story here.
Unsealed court records shows that the Bard Davol unit received a warning from the material supplier that the resin-based plastic mesh made by Chevron Phillips Chemical Co. should not be permanently implanted in people. These emails have been filed in the Charleston, West Virginia court by plaintiff attorneys. In them, an executive with Bard told co-workers not to inform Chevron Phillips that the materials were intended for implants.
Bard had previously tried to have those emails suppressed unsuccessfully before Judge Joseph R. Goodwin who determined in a June 4th ruling that they raised “a genuine issue of material fact about whether Bard was aware its conduct was practically certain to cause injuries.”
See the background story here.
C.R. Bard also tried o limit the testimony of 12 sets of expert witnesses.
The case of Donna and Dan Cisson is set to be heard July 8, 2013.
Wanda and Greg Queen, et al. v. C. R. Bard, Inc. 2:11-cv-00012
Linda and Ronald Rizzo, et al. v. C. R. Bard, Inc. 2:10-cv-01224
Carolyn Jones v. C. R. Bard, Inc. 2:11-cv-00114
In the Cisson case expect to hear from treating physician Dr. Bernd Klosterhalfen, Dr. Lennox Hoyt, Dr. Bob Shull, and David Kessler, MD, former head of the Food and Drug Administration.
Thousands of women blame Bard’s Avaulta line of transvaginal mesh implants for their permanent injuries. Cases have been consolidated in the Charleston federal court and filed in individual state courts around the country.
In a statement to Bloomberg Bard vice president Scott Lowry said, “During the upcoming trial, Bard will provide all the relevant evidence for the jury to consider and render a decision which will demonstrate that Bard acted appropriately in its acquisition of polypropylene resin.”
“We believe that the Avaulta polypropylene mesh implant is a safe and effective treatment for pelvic organ prolapse when used in accordance with its instructions.”
“To this day, after more than 50 years of use, polypropylene remains one of the most widely implanted and best materials for mesh products in medical applications in the human body.”
Bard Mesh Products include the ADJUST, ALIGN Pelvilace for Incontinence. In a move away from the transvaginal implantation of polypropylene mesh, Bard has developed the abdominally-placed ALYTE Y-Mesh Graft. #
C.R. Bard Website
Bard’s Social Responsibility page
Bard Mesh Products include:
ADJUST, ALIGN Pelvilace for Incontinence
ALYTE Y-Mesh Graft for an abdominal approach to treat pelvic organ prolapse
Bard Hernia Information Page