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C.R. Bard Lawsuits: Rulings Reveal Company Secrets

Bard Avaulta from website 200May 23, 2013 ~ Buried inside some rather routine motions filed in the upcoming federal lawsuits filed in federal court in Charleston, West Virginia are some company secrets that C.R. Bard would rather keep secret.

In Order #77 Plaintiffs want to take the deposition of C.R. Bard executives Roger Darois and Dan LaFever. The court denies the motion as moot, granting in part and denying in part a 189 motion by Carolyn Jones for Leave to take the supplemental deposition of Mr. Darois, but may not depose Mr. LaFever.

The motion reopens discovery for the purpose of deposing Darois about email communications. Roger Darois is the Vice President of Research and Advanced Technologies for Davol, a subsidiary of C.R. Bard, Inc. based in Murray Hill, New Jersey.

This is a supplemental deposition. In the first deposition of Mr. Darois, lawyers discovered two chain emails where he discusses the issue of raw polypropylene resin used during mesh production. Enclosed in a Material Safety Data Sheet (MSDS), resin is not to be used in medical devices that are permanently implanted in the human body.

“Contrary to this warning, Defendant used the resin in its mesh products, which were specifically intended for permanent implantation.”

Plaintiffs claim further that the email chains reveal Defendant’s deliberate intent to conceal its improper use of the resin from the manufacturer, Phillips Sumika, for fear that Phillips Sumika would not supply the resin if it understood Defendant’s intended application.”

The motion says Bard realized that Phillips Sumika probably knew it made medical devices, so as a diversion, Bard created a wholly-owned subsidiary Red Oak Sales Company, that purchased resin from Phillips Sumika “without creating suspicion about its use.”

Plaintiffs argue this information is “highly relevant to their case.”

Dan LaFever’s deposition is also sought, He is the President of Davol and was a party to the email communications, according to the plaintiffs. “His deposition is important to explore the relationship between Davol and Red Oak, his knowledge of these issue [sic] and why he would allow such nefarious conduct.”

This motion tells the court that the email communication in question were not produced by the Defendant until November 26, 2012 and December 4, 2012 “leaving Plaintiffs with insufficient time to review and digest them before Mr. Darois’s deposition on December 19, 2012.”

Judge Joseph Goodwin

Judge Joseph Goodwin

Read more here.

More Orders

Judge Joseph R.. Goodwin is overseeing almost 20,0000 filed lawsuits against five mesh manufacturers: Ethicon, C.R. Bard, American Medical Systems, Coloplast and Boston Scientific. On May 3, Judge Goodwin received a protective order establishing procedures for the handling of potentially confidential information produced during discovery.  Here is the protective order:

It says that Highly Confidential or Confidential discovery can only be used “only for the purposes of the MDL actions for which the subpoenas were served.”  In other words not for competing company or the public to see. If documents are inadvertently disclosed, “The producing party may, in the notice, request a “clawback” of the inadvertently disclosed material.”

Clawback allows taking back of evidentiary materials that were mistakenly turned over.

C.R. Bard wants to protect confidential material, specifically, “material the producing party believes in good faith constitutes or discloses information that qualifies for protection pursuant to Fed. R. Civ. P. 26  specifically information that is trade secret or other confidential research, development, or commercial information, and materials that are deemed confidential under Federal Drug Administration (FDA) regulations and Health Insurance Portability and Accountability Act (HIPPA) statutes and/or regulations.”

The order also covers confidential information produced by AdvaMed, which is a medical device lobby organization.  Information such as, “research and development material on a new product that has not been approved or cleared by the FDA or a similar regulatory body or reflects a party’s price competitiveness in the market, or marketing business strategies, including current or recent sale and market data, of a party concerning a current or new product.”

Here is some back and forth status conference notes on the current MDL mesh litigation:

In Order #78, Plaintiffs ask to allow the exchange of confidential information among the five MDLs. Defendants say that Plaintiffs are seeking permission to use materials produced by a manufacturer in one MDL against manufacturers in the other MDLs. The defendants say they do not want confidential material to be released to a competitor. Here is Order #78.

Bard Upcoming Trials

There are four bellwether trials set in the Bard MDL beginning on Monday, July 8, 2013, at 8:30 a.m. in Room 7800 of the Robert C. Byrd United States Courthouse. At this time, the court plans to try the cases consecutively in the following order:

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

8 Comments

  1. Kathy says:

    More chilling info, Jane.

  2. I. Candy says:

    Well, really, there’s probably not a single grade of polypropylene on the market that’s “for human use” in the sense of being a long-term implantable. And it most likely is biocompatible. I’ve never known an uncolored grade of polypropylene failing biocompatibility. And I sure Bard performed biocompatibility testing on it. They must have. Regardless, biocompatible or toxicity has no bearing whatsoever on the types of injuries this transvaginal mesh is causing women.

  3. Zac says:

    This mean need to be prosecuted by the police for murder, serial poisioning of people, they are no different than another serial rapist serial killer. They are no different then a drunk driver driving in to a crowd of people. Their is intent to harm and then conceal the crime they have commited. The were told do not put this product in people, they went ahead and poisoned people anyway. The corporate vail does not protect murders and these men are murders make no mistake about it. I strongly suggests if everyone file criminal charges with the local police and Sheirfs office against all people involved in this crime and Conspercy to intentional harm people in a serial fashion. If your loved on or family member is deceased and had a CR Bard polypropylene mesh implant file murder changes aginst these individuals. They are Criminals of the worst kind and need to be made examples of in my opinion the death penalty should be on the table.

  4. Zac says:

    This mean need to be prosecuted by the police for murder, serial poisioning of people, they are no different than any other serial rapist / serial killer. They are no different then a drunk driver driving in to a crowd of people. Their is intent to harm and then conceal the crime they have commited. They were told do not put this product in people, they went ahead and poisoned people anyway. The corporate vail does not protect murders and these men are murders make no mistake about it. I strongly suggests everyone file criminal charges with the local police and Sheirfs office against all people involved in this crime and Conspercy to intentionally harm people in a serial fashion and then cover it up. If your loved on or family member is deceased and had a CR Bard polypropylene mesh implant file murder changes aginst these individuals. They are Criminals of the worst kind and need to be made examples of. Life in prison sounds about right. There motive is clear, greed. They did not care how many lives they destroyed and how many people died as a result of their criminal activity.

  5. Jan Varnes says:

    Hello, somehow I deleted my first post in progress so I hope the Adminastrator Picks it up…

    I was curious about Melissa’s post about the sciatica she mentions. I have been adjusted many times in my life by Chiropractors and had immediate relief from the spasm but the pain would take a few days. I have always slept with pillows between my knees as an athlete and avid runner my knees would ache so this was a practice I continued.

    The pain you mention came on right after my Mesh surgery. I thought they must have us in some kind of a position that includes the left side, this is the side I sleep on but now after revision surgery I kind of lean on my left buttock because laying flat even with my knees under pillows I feel as if my Sacrum is out of alignment but I have tried everything and I get a catch or a tug, pull if you will like if it were to move or crack it might break in to. The pain I feel at that time if it were to be worse I do not think I could get up period and if you can die from pain I fear this might be that bad.

    Next question for Melissa or anyone else that is suffering, does anyone get blood blisters on your hips, legs, thighs, back closer to buttocks, especially on the back of my thighs? Since my surgery (revision) I noticed I had not had them but nine weeks out they are coming back, I wonder if anyone else has these, if so had anyone linked them to this Mesh (Coloplast) product.

    I had the greatest General Practitioner who’s wife is a OB-GYN / UROLOGIST and in ’06 he recommended a Hysterectomy and when I met with her (his surgeon wife) she said I should have this new Mesh before the SUI started because I was 47 and it would start soon after anyway why go in twice…but she left my Ovaries for obvious reasons but if you think about it, when the Ovaries gave me trouble or if they did then would have been a better time for this type of placement. I so love my G.P. these two Doc’s are like night and day. I was told early on when I could not void and was in excruciating pain and bladder spasm I might have to lean forward with my fist into my stomach if that was what it took to allow my bladder to empty. My Mesh surgeon threw a psychotropic drug at me and said “deal with it.” I think she was in assumption I had a depressed bladder when I could not pee. That would not be a depressed bladder, that would be over active never empty always a warm media for infection. “I was irritable” just like my bladder so I tried it ! I thought I will try anything at that time to stop the pain. Months went on, I tried to go back to work but could not be on time some mornings and finally gave up.

    By this time I was more than “depressed” I was sick, felt so hot on the outside of my torso I swear my husband would actually recoil saying “wow” just on my torso but it signaled the following week would be spent in bed. I had to also fight for out home in the worst of times, no matter how bad I felt I had to save my family shelter! Thanks to the Banks and their inability to recognize “Fuzzy” math when they see it drove me crazy trying desperately to get a Hard ship Modification they just kept sending Fed-Ex modification paperwork after our trial payments were met.

    Women hear me out, never place your health on a back burner ever again! Ever because had I caught this earlier perhaps I would have my home and maybe less clients in my practice but enough money to get the surgery I knew deep down I needed. Working in medicine for many years kept me going.

    Thinking I will be fine, I just needed to save our home so the cash down can pay for another surgery. My husband had been diagnosed with Congestive Heart Failure and my son was a Senior in High School at the time and could not understand why I was pale in my pajamas all the time. LISTEN TO YOUR INTUITION….I knew something was wrong, but what I had been told was there was nothing that could be done.

    When they evicted us, having keyed every piece of wood furniture we owned as we were evicted but the Bank kept telling us to stay with the house.

    I for the longest time I did not even know I had an infection because some of the nerves that associate this must have become numb. Prior to revision surgery I had two infections with a bad organism to fight that was resistant to many different antibiotics so I decided from now on one clue is frequency and I then will go to have a urinalysis just to make sure. In fact I will go tomorrow to recheck and further discuss the other issues I brought up to Melissa or anyone who reads this that has had this experience.

    Enough for now I have needed to get this off my chest in paragraph form for a very long time, thanks for reading and if you have any ideas let me know also if you had similar symptoms.

    More than anything be good to yourself today and like my 24 year old who finally gets it says, “Live each day like it could be your last, and live your life to fullest”

    Thanks for being here for me. Know I am here for each of you as well,

    Jan

  6. O’BOY THIS IS FACTS OF INJUSTICE OF OUR INJURIES AND ALL FACTS LEAD TO THE KNOWLEGE OF AWARENESS OF ALL THE TOP RANKING INVOLVED OFFICALS THUR OUT THE MANUFACTORS, SUPPIERS, REP’S, RESEARCH AND SO ON! WE THE NATION DON’T HAVE TO WORRY ABOUT OTHER COUNTRY’S TERRIOTS R GERM WAR FARE, WE HAVE OUR OWN TO DO THIS HERE AMONG US TO DESTROY US! A VERY SAD SITUATION FOR A NATION TO DESTROY THEIR OWN! THEY DID! ! ! ~ WHAT CAN WE DO ! ! ! ~ WHAT IS HOMELAND SERCURITY FOR TO FIGHT TERRIOTIST THEN HERE IT IS, AT UR FRONT DOOR! WITH THEIR TOXICS OF POSIN IN HAND THAT HARMED US THE PEOPLE OF THIS NATION U PROTECT! THE GOVERMENT OF THIS NATION DID NOTHING ALSO BUT SIT ON THEIR BUTTS OF PROMISES TO PROTECT! ! ! ~ WHAT CAN WE DO! ! ! ~ VOICES LOUD TO BE HEARD THAT WE’RE NOT LAYING DOWN FOR OUR HARM ! ! ! TOXIC POSINS INTERS EVER PART OF UR BODY BY BLOOD FLOW AND EVEN W REMOVAL OF MESH IT REMAINS TO HARM U !!! ~ WHAT CAN WE DO ~ LOUD VOICES TO BE HEARD ‘ VERY LOUD ‘ TO BE SEEN AND HEARD BY ALL THE NATION IN EVERY AREA ! !

  7. jade says:

    This is a CRIMINAL not “CIVIL” case. Did anyone ever see the movie with Gene Hackman who was experimenting on homeless people in an attempt to discover a cure for spinal injury? Take a look at the final scene and the last lines.

    • victoria says:

      I agree jada, this surely is criminal, what was done to women, and the suffering they have had to go through with the mesh and will suffer till their last breath, I HAVE NOT HEARD FROM 1 WOMAN THAT HAS GONE THROUGH SO MANY SURGERIES TRYING TO HELP WITH INFECTIONS AND PAIN AND MORE, SAY THAT THEY ARE IN ANY WAY CLOSE BACK TO WHAT THEY WERE BEFORE MESH IMPLANT.

      NOT 1. how many more surgeries, as we all know every time someone is put to sleep , the more likely they won’t wake up, What do you do? TAKE MORE CHANCES OF MORE BLOTCHED SURGERIES, , THAT MIGHT NOT OWRK, SO COSTLY, OR TRY TO TOUGH IT OUT, TRYING TO FIND 1 IN MEDICAL THAT DOES NOT SEE YOU AS AN ANIMAL AND TREATS YOU LIKE A HUMAN AND DOES THE BEST TO THEIR KNOWLEDGE TO RELIEVE YOU FROM PAIN AND SUFFERING.

      you get weak, and surgery again and again i and again, might not be the best answer,

      tough decisions to make, wasn’t hard for the companies that made billions on mesh, to get greedy to put in into humans without testing, YES, IT WAS A CRIME ALSO DONE TO WOMEN AND PEOPLE, THAT DID NOT DESERVE BEING LIED TO BY COMPANIES AND DOCTORS AND NURSES THAT JUMPED ON THEIR MONEY MAKING SCHEME TO GET RICH.

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