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C.R. Bard Pays $3.6 million in Precedent Setting Scott Pelvic Mesh Case

Christine Scott

Christine Scott from The Bakersfield Californian

MND, November 4, 2015 ~ It largely slipped by unnoticed, until now.

In July 2012, Plaintiff Christine Scott went to trial against C.R. Bard over her Bard Avaulta Plus mesh kit in a Bakersfield, California courtroom. It would be the first trial to be held naming a major mesh manufacturer.

In a precedent setting decision, the jury found the company was negligent and awarded the Scotts $5.5 million which included $500,000 for loss of consortium for her husband. The surgeon charged with 40% of the fault.

That left the company to appeal its $3.6 million judgment, which it did.  See the story here.

Bard, of Murray Hill, N.J.,  has now exhausted its appeals and the amount was paid on March  20, 2015. The information is contained in the company’s 10-Q quarterly report to the Securities and Exchange Commission (SEC) issued October 23, 2015. See it here.

See the Opinion as posted here. It’s a good summary of the case.aaabard logo

The implanting physician Dr. Tillaikaransi Kannappan who had received a one day training lab on the Avaulta taught by Susan Tate, a urogynecologist.  Dr. Kannappan was not told Avaulta should not be used in women who are sexually active or for mild prolapse.  Scott had incontinence while participating in sports and mild pelvic prolapse of the bladder and rectum.   As a treatment, in January 2008 Dr. Kannappan implanted a mesh sling and two Avaulta Plus mesh kits one for anterior one for posterior.  Dr. Kannappan says she did not read the instructions for use on the Avaulta plus but did watch a DVD on the surgical technique about a week before Scott’s surgery.

Bard Avaulta, Miklos and Moore website

Bard Avaulta, Miklos and Moore website

In an interview with KGET-TV 17 in Bakersfield, attorney Elaine Houghton said that the TVM product was tested on “16 rats, 12 rabbits, four sheep and, by their own researcher’s admission, the next living being this product went into was women.”

On appeal the decision was affirmed by the appellate court in November 2014.  Then Bard filed a petition to have the issue go before the California Supreme Court.  That was denied in February of this year.

This is not only the first trial over transvaginal pelvic mesh, but the first one to be paid following a jury trial and not a settlement.  Her attorneys were Houghton and Gene Lorenz of Bakersfield.

The Cisson case followed. It was the first bellwether trial naming Bard in multidistrict litigation also over its Avaulta Plus. See the story here. In August 2013, Cisson was awarded $2 million, but the company filed an appeal.  The next two cases to be heard in Charleston, Vigil and Queen, received settlements before they went to trial.

Bard is facing in excess of 21,000 product liability lawsuit over its Women’s Health Product (transvaginal mesh).  As of this week, there are 12,735 of those cases filed in multidistrict litigation (MDL) in federal court in Charleston, WV. The Master Complaint was filed in the MDL in July 2012. See it here.

Upon winning her lawsuit, Scott was quoted as saying “Thank you God. We can finally get the word out to women.”  See the story here.

Bard stopped selling the Avaulta in July 2012 right after the U.S. Food and Drug Administration requested three-years of post approval monitoring.  #

 

 

 

31 Comments

  1. Debbie Edwards says:

    I know this will sound strange, but Band is a stand up company. They may have fought the money settlement, but in the end they paid for their wrong doings. UNLIKE J & J who are not taking any responsibility for their products. So for that reason I commented Band.

    • Terri says:

      Debbie Edwards I don’t know how you can believe that for an instant! If Bard were a stand up company.(Which they are not) they would have removed their defective products off the market and taken care of those that they have harmed…instead they continue to market the defective products that are causing devastating damage to both women and men, surgeons are implanting mesh for both POP/SUI and Hernias . Do a simple google search, Bard deliberately and knowingly purchased mesh unfit for human implantation. Better yet, I’ll paste it for your reading pleasure, both the Article Jane Akre did and one from a law firm.

      http://meshmedicaldevicenewsdesk.com/c-r-bard-lawsuits-rulings-reveal-company-secrets

      Do not use this Phillips Sumika Polypropylene Co. material in medical applications involving permanent implantation in the human body or permanent contact with internal body fluids or tissues,” according to the disclosure unsealed in Cisson’s case.

      “Do not use this Phillips Sumika Polypropylene Co. material in medical applications involving brief or temporary implantation in the human body or contact with internal body fluids or tissues unless the material has been provided directly from Phillips Sumika Polypropylene Co. under an agreement that expressly acknowledges the contemplated use,” according to the warning.

      The caution stated that the resin-based plastic “may react with oxygen and strong oxidizing agents, such as chlorates, nitrates and peroxides.” Cisson’s lawyers said human bodies can produce such oxidizing agents and the reaction can cause the mesh to erode.

      Despite the warning, officials of Cranston, Rhode Island- based Davol purchased Phillips Sumika’s resin-based plastic from other companies that bought it in their own names, according to Cisson’s lawyers. Davol used the material as the base for hernia-repair and vaginal-mesh devices, the attorneys said in court papers.

  2. jbroken says:

    Well so glad for her. But try having a pig tissue for sixteen yrs of hell. And not told and body slippin away everyday and didnt find out about until last yr. So they owe me a hell of alot for being their human ginny pig. Im on their payroll. I just hope mine is as large as hers. Im owed that.

    • Still Standing says:

      Janet. I was interested in your post, especially if you had a graft of biologic tissue instead ot symthetic mesh. Pig skin is actually absorbed over time as it dissolves 6 momths or so out from surgery. It kind of acts as scaffolding to help you generate your own tissue around it. Plastic mesh does not disintegrate so it can bunch or erode, etc. causing so many of the problems the synthetic mesh people are dealing with. Did you get some pig and some plastic? Synthetic mesh was appealing because it many times cheaper than biologic graft materiels such a pig bladder. Would be interesting to see if you have had both.

      • jen says:

        Pig skin leaves scar tissue and shortens the vaginal wall. It causes constant bacterial infections and pain. Lots of pain. I understand other women who have the plastic mesh are in worse shape but do not negate the biologic mesh and our concerns and loss of consortium due to pain and atrophy and smelling like a rotten fish. Plus the constant urinary track infections.

  3. kitty says:

    OMG J BROKEN. HOW WELL SAID. The pig for the pig. And piles of pig S— when they go in to dig it out.

  4. evelyn says:

    Well it’s about time now get to the rest of us..

  5. Thomas justino says:

    I have had two mesh repairs which have left me with cronic pain in my testicals right buttocks and shoots down my right leg.i have had to dismiss myself from my employment of over 27 years earning well over 6 figures.my life in all aspects has been shattered. Things as simple as sex are excruciating therefore avoided. Can anyone help. Someone should be held accountable for myself and the many other men and woman suffering from this issue.

    • Jane Akre says:

      Thomas, I’m so sorry. And for as bad as pelvic mesh is, at lest lawyers are taking those cases… not so much for hernia mesh. Bruce Rosenberg will help with medical and legal info…. 954-701-5094. He is hernia mesh injured and has The Meshoma Foundation. Let us know what you choose to do.

  6. used says:

    jbroken, Do not count on what you deserve too, Companies are making offers, , and attorneys, that do not care , of your pain and suffering, for life, are offing in the single digit to women that have suffered and cannot get mesh out, and will die with mesh, all the advertising on tv, but none in news media news tv about mesh, warning women to not have the implant. doctors lying. and treating women cruel , knowing women, (some) women because of courts and attorneys, selling their suffering short, even shorter lesser amount the women on medical news desk months back were upset about, . They will be dropped, or die, knowing not a damn thing they can do what, some courts and chemical companies and attorneys are offering. mesh cutting their bodies for years now , infections, pain, from mesh, abcesses, , scaring, and doctors still lying. and attorneys do not care.FDA, is and has been just as evil in cover up as news media to warn women, this is most definitely a life time suffering and destroys, your body, a slow death.

  7. I must say I am extremely happy for her, I do know if the monies she receives will help her tremendously with her everyday stuggles. But I must say that I feel bad for her husband , where I read that the Consortium isn’t going so well, and I can seriously relate to the pain and suffering on that part, for my boyfriend, or let’s say my significant other. He will not even touch me because he knows the pain and discomfort I feel during and more so after and the next day, .so it’s not very often, and although I respect him and love him for being so caring and understanding, it’s simply not fair to myself or him. I know how frustrating it is for him, for it is just as frustrating for me as well. My fear is he will go else where , or just let me be until I can honestly say, ” Honey, it’s ok, I feeling much better , and it’s ok now. I hope I can say this soon, before it’s too late.until then, he just supports me through it all , the waiting which also effects are mental anguish, but we try to put that aside along with all the other struggles we are having. I’m hope our love is strong enough to overcome these obstacles. Well, I just wanted To let her know that I am happy for her and let her know ,as I’m sure she does, that she is not alone. My best wishes to them and prayers are being sent.. GOD BLESS..!!! And thank you for listening and for Jane who has helping us hear and talk to each other about our stories..

  8. Diva 64 says:

    Well I thought I was having the test that was finally going to give me the answers I was so seeking for the pelvic pain I have lived with for years and years, doctor after doctor, test after test, I had the Holy Grail, ” Dynamic Pelvic Dynamic MRI” although this was not performed as the way I expected and saw In the medical portion of Pelvic Dynamic MRI on the internet, I was hopeful. During the first portion of the test, I was told I was not lying still I was moving around. I would swear outside of breathing I did not move even a micro movement. Yet I was told this several times. Finally they said they got what they needed and moved on to the other portion of the test, Arriving at my doctors 3 days later I am told there is NO MESH. Well I have gone through all this pain for years, freaking years, The bones in the front the super pubic anterior ram bone feels massive pain, that is where the mesh gets tied off. The surgeon, that was in on the case in the beginning, noticed shorting occurring, soon after the placement. I have not been able to have sex in like forever, GYN have to use pediatric speculums I can’t even self serve, and the word Orgasm I would have to look up in something. I have not been able to have an adult relationship since my surgery, and they write this up as vaginal athropy.. i am so upset I feel like the girls must feel over in Africa when they their womanhood away from them, Now I am going to have to next go through surgery to lengthen my vagina,, how great is all this 20 years of pain, now I have Lupus, and if I ever want to make love again, I have to have surgery to lengthen my vagina. Well The Love of My Life , my ex husband and I were going to get back together, but the wait and wait for surgery when I had such hopes 4 years ago, then dx with Lupus, I let him go, so how am I suppose to know what length to have my vagina lengthen too ? I know that dating is now mostly set up on dating sites. Is that one of the questions, for women what is the length of your vagina > Or is that a question we ask for the men to whom we wish to be introduced , what is the size of your !!!@@! to see if we will match up.. So i get an auto immune disease from a rabbit or pig, I get to spend a lot of time in bed, but I never have fun or pleasure in bed anymore.. All this because I had a cough that a crummy doctor would not refer me out to see a pullmonolgist and I coughed for nearly 2 years, I thought I would could all my insides out before I ever got real help. Now I no longer have the cough or a vagina.

  9. kitty says:

    MRI doesn’t show mesh that I was informed of. You need yo have translabial ultrasound. I

    • Diva 64 says:

      I am seeing one of the Top URO GYNCOLOGIST and was just sent last week for a “DYNAMIC MRI’ now am I to understand that “MRI” well not show the mesh at all. I had such HIGH hopes, . I live ion disability, I didn’t have money for the co pay for the MRI, but paid it anyway, I just knew the answers were there. Well to my surprise, the MRI did not show any mesh, nor did it mention the fact that it was unable to find any mesh. I had “ASSUMED” that meant erosion of the entire mesh. Reading this I don’t know what to think. Then when I arrived at the doctors office I was directed to another office next to the one I usually see

      my Dr in,( this us still connected to his office) first I am greeted by the front desk who tells me I need to clear my balance up, I reply I am not prepared to do that today. Then she informs me I well have to pay at least half the balance to be seen. Also she told me I was being seen by someone with another last name. I picked up that persons card. It had ARNP. I assume again that this is an associate of their office and a Nurse practitioner. Will I want the results of the MRI and to discuss the next step, I have only been in paijn 10 years, have developed Lupus, I am anemic, I suffer massive pain, can’t have sex, have been told I don’t have a vagina,. In comes one nurse taking down some history, then the ARNP, who says well they didn’t find any mesh on your MRI, so I guess we need to start the therapy treatments back. At that point I speak up. The Pelvic Floor treatments were not helping me, where is the mesh, where is the doctor I drove 90 miles to see, well at that point they went to get me a doctor. I am now scheduled to return Dec 2, unless I can get them to see me before that, My Dr knows that my attorney is in talks with the manufacturing company, and Besides my health I need this resolved while I am still alive, and maybe young enough to want to have sex again.

      • Jane Akre says:

        did you have transvaginal mesh? Do you have your records? Did you have Lupus before your mesh implant? so many questions…. the records are important! Please get back….

        • Diva 64 says:

          Yes I had the TVS, mesh (biochemical made) No never had Lupus, or any other auto immune disease.. My attorney has all my records. I can only assume from reading and settling down some after the anger of being told the mesh is not there, that it has all eroded and is all throughout my body causing the auto immune disease. The hole in my stomach they say is an ulcer, , with months of diarrhea, and seeing a GI doctor and going through those test , he cut out a number of “POLYPS”

          I have been diagnosed with acute diverticulitis, I am in stage 3 kidney disease by lab work, my kidney ultrasound looked good. With the Lupus and the high powered anti inflammatory, this goes against the ulcer and the diverticulitis, so about everything I eat, goes thorough me, I am not thin because of all the inflammation. . Some days some cloths fit, some days the same cloths are to big, and other days to tight. These are certainly not the golden years I was looking forward to. Then there is the cost of the trips to the doctors , the co pays, the meds,, A lot for a single woman on SSDI. I look forward to a settlement. I look forward to I hope feeling better, having a vagina reconstructed and making love. I don’t remember how , romance even begins, not because I am senile but because there have been so many years now with no one in my life,I had a partner once in my life that we were great together he said I was worth my weight in gold. Well the price of gold has gone up, and my weight also with the inflammation and lack of being physically active. So hopefully my settlement well equal my weight in gold. LOL, have to find humor somewhere or cry all the time. Yes I would love to get a hold on these manufactures, they are no different than the ancient customs in Africa performing female genital mutilation young girls about to enter womanhood.

          • Hello Diva, I am only 50 and also on SSDI. In my recent post, I mentioned that I need to find yet another Urologist, I am told there are excellent Urologists out of state, I live in Philadelphia Pa. but I don’t know why I’m even trying, I can’t afford to get there, or the cost of the visits , let alone the amount of the Surgery. But, I can relate to a lot of what you are stating. I too am fat, but only my stomach. I also can not find the right clothes to fit comfortably, so I don’t bother getting dressed anymore. And as far as making love, I just sent a Post last night about that topic, not only tired and frustrated physically and mentally but also, tired and sexually frustrated as well. I can so relate to you pain and suffering in many ways. My prayers are being sent, and I pray that they’re heard, for all of us..

    • Diva 64 says:

      When the mesh has been man made from rabbit. pig or what ever a biochemical, I thought perhaps it erodes ( rots away) in your body causing the antinuclear antibodies to go sky high (ANA blood test ) If that is the case , what exactlly would a trans-labial ultrasound show ?

      • kitty says:

        Oh I guess if u had only the biologic the translabial would not show. My experience and understanding is that it dissolves into a heap of scar tissue. That is veryinteresting what u said about ANA. I dont think MRI shows scar tissue. We would have to ask the experts and there are not many of them Raz?

    • DL Clark says:

      The only way my Monarch TOT mesh was able to be seen was through a ultrasound that was made to visualize it. Also, I had a horrible test, a VCUG, that used fluoroscope, and we saw it. My urethra was compressed from the mesh, and the calloused tech tried to cath me 4 times with a pediatric sized cath. I was screaming, and my husband was banging on the solid door. Most horrible test I have ever endured. I cannot even remember making a sound, it was so painful, and I was shaking so much. The stupid tech then got upset with me as I could not empty fast enough! What do you expect when the horrible product has obstructed your urethra? i had already lost my left kidney, due to obstruction from the mesh. It was visualized, and in the 8 and 6 o’clock positions!

  10. kitty says:

    These guys need to have mesh strung thru their testicles and pulled thru the gluteal. Just clip and finish with glue. I know and feel your pain DIVA

    • kitty says:

      The surgery would not work if they go ino the testes–it would need to start with the disection of the penis–‘then insert the trocars and string the mesh up thru the scrotum to lift— bring it out of the gluteal clip and glue. If it erodes thru the penis–a simple trip to the Md office to clip it . There is no need to check if prostate is

      enlarged.

  11. I totally agree Kitty.. I am in tears as I type, just told my boyfriend I didn’t want to make love, because I feel like I’m about to explode.. My stomach is in so much discomfort and is so large.. I not only don’t feel pain and discomfort , I feel so fat and ugly.. But he doesn’t know that, I can’t tell him that i feel so much discomfort, and I don’t want to tell him because than he will feel like he is making things worse. So all I can tell him is , “I don’t feel like”. Then he can’t understand why, I know I’m eventually going to lose him if this continues to happen. So, YES , I totally agree with you.

  12. Diva 64 says:

    The word I was looking for was female genital mutilation. That is what the mesh manufactures have done to the women same as the old ancient African customs.

  13. I have had 6 Revision Surgeries since I had this Mesh implanted in 2007, including the most recent The Medtronic InterStim, in July of this year, which is causing me more discomfort and a constant stabbing pain my vagina. In the beginning I thought, finally the Urgency from only hearing my shower running will stop, no more wetting on myself or the bed, no more leakage when I hear water or when I cough, that didn’t last long, and I was told it wasn’t intended to help the leakage, that’s a different Surgery, “but it’s good that it’s helping, she said”.. Right, that would make 7.. I would have to be nuts, I have come to the conclusion that my Bladder issues can not be repaired since this Mesh began. So now, I need to find, yet another Urologist to not only give me some answers and help with the Mesh, I now want them to take out this InterStim Battery and hopefully then tell me if they can help with The Mesh and the issues I am still having. Totally tired and frustrated. Will it ever end…

  14. Karen says:

    Ok lyondell basell is calling my phone . What would the polypropylene manufacturer need to talk to me about .

    • Diva 64 says:

      Maybe what this mesh has done to us women,would be my best guest, maybe he wants to know how many will die before settlement and he is going to offer to pay for the funerals

  15. Pamela Silva says:

    I just want to add two bits of information that may or may not help you wonderful ladies. And you ARE wonderful. I think you have forgotten that…with help. First, I have a question, Jane, perhaps you know the answer to this, is there any psychologists who consider themselves qualified to help, voluntarily one would hope, women who are suffering so much, depression and guilt, yes, guilt, etc, and mental side affects from this entire debacle? Also, no matter where or what you are suffering from, with you ladies who are on lower income, well, that would include me as well, but I am married, so I don’t count, there are programs to help you with co pays, co insurance and etc. when you have any insurance and it isn’t enough. Anyone need a list? One thing I am really good at, is internet research. I write. So, you have to be. I will look up anything for you anytime. I also spent forty years in the health insurance industry. I worked my way up from paying Medicaid and Medicare claims, and I worked for hospitals, every insurance company you can name and then became and IT Business Analyst. One of my expertise was, guess what? Third party subrogation. I have the Coloplast mesh. So, if I can do anything for you in the way of finding someone to ask, let me know. I am not a physician or attorney, but I can look up information so, I will be glad to help

    • Jane Akre says:

      Pamela- thank you so much. You can help. Many women are directed by their insurance companies to stay in-state to have their medical needs attended to even when there are no specialists in their state! This is not acceptable. I wrote a letter to insurers…they helped drive women and funded these medical procedures, now they need pay for the removals from experts who can do the least amount of harm! Can you gather the big insurers and we will post their names, emails, addresses, so women can write en masse? Or whatever ideas you have since you were an insider. There needs to be a major shift in thinking that is pro-patient! email me if you want janeakre@meshnewsdesk.com

    • Still Standing says:

      Pamela. I am a mesh woman and I am also a pain counselor with a Masters degree in Psychology. I teach pain management for a very large hospital. I would be glad to talk with you individually about ways to manage your physical and emotional pain, of course with no charge. Jane has my contact information and she has my permission to give it to you if you want to contact me. We can do some Skype visits if you would like.

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