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C.R. Bard Settles Second Transvaginal Mesh Case for Undisclosed Amount

Woman, Courtesy Wiki Commons, Victor Nicolas

Woman, Courtesy Wiki Commons, Victor Nicolas

The plaintiff’s name is Melanie Vigil and she claimed C.R. Bard’s Avaulta Mesh Suburethral Plus sling, a mesh made of polypropylene, eroded in her body causing internal injuries that led to multiple surgeries.

The sling is placed in a  woman’s pelvic region through the vagina (transvaginal) to treat incontinence.

Vigil and her husband Mark were set to go to trial in Atlantic City, New Jersey this month but now comes late word that Bard has settled with Melanie and Mark Vigil for an undisclosed amount of money.

Vigil was to go to trial in Atlantic City before Judge Carol Higbee September 23.

The junior high school music teach lives in Colorado, according to a report in Bloomberg (here). The 56-year-old Vigil has had three surgeries to correct urinary problems. There is no word in this story on her present condition.

Her case is Vigil v. C.R. Bard Inc.  ATL-L6917-10 and it was filed in Superior Court of New Jersey on December 22, 2009.Bard Avaulta from website 200

Bard is based in Murray Hill, New Jersey. It made the Avaulta line of meshes which it has since taken off the market, but that has not stopped more than 8,000 cases from moving forward against the company.

So far the three cases filed that have go to court have either settled or ended in a jury award for damages to the plaintiff.

Last month, C.R. Bard settled another case filed by Wanda Queen on the eve of trial in Charleston, West Virginia. That case too was settled settled for an undisclosed amount of money. More on her case here.

In the case of Donna Cisson v. Bard, which ended August 15, jurors awarded Ms. Cisson $2 million in compensatory and punitive damages after her Bard Avaulta Plus caused chronic pain and led to multiple removal surgeries. The jurors also decided the mesh was a defective product. Follow that story here.

Last year Christine Scott and her husband won a case they filed in state court also naming C.R. Bard. The jury decided she should be awarded $5.5 million in compensatory damages and held her doctor liable for $1.9 million of the damage award. Bard is appealing that jury verdict.

Follow the litigation in Mesh News Desk under the Legal here.

Mesh is a permanent implant that support fallen pelvic organs. Manufacturers never tested it on humans in clinical trials before it was okayed by the Food and Drug Administration to be sold.

There are currently 886 product liability cases naming Bard pending in New Jersey’s Superior Court  Law Division. In the consolidated federal court there are 4,682 cases filed as of today.

Beside Bard, other mesh manufacturers include Ethicon (Johnson & Johnson), Boston Scientific, American Medical Systems, Coloplast and Cook Medical. The next case against Bard, filed by Linda Rizzo, is scheduled for federal court in Charleston, West Virginia October 8.

Learn More:

Melanie and Mark Vigil complaint here:

New Jerseys Mesh case load here:

http://www.judiciary.state.nj.us/…/case_list.htm

So. Division of West Virginia here:

http://www.wvsd.uscourts.gov/

19 Comments

  1. George says:

    Jane – Thanks for the up to date info!

    Do you know if these “settled cases” have any significance in regards to the bellweather cases? G

  2. Tammy says:

    Thank you Jane, for all your hard work. Thank you for caring about us and keeping us informed. Be Blessed

  3. Jaramillo says:

    Jane,

    do you know when the bellweathers for johnson and johnson begin? I hope that the women that are selected for bell weathers consider that they are leading the path for the rest of the survivors. Questions if the settlements happen is it setting bell weather trials back due to new selections required? If the worst cases settle without trial does that change the offers that will be presented to the other survivors. What is important for all trial participants to consider for the larger group of us. If I were selected I would definately want to be a leader and advocate for the group. We can’t serve that role if we are not well aware of what does bellweather mean to the larger body? We are also early in this process. We did not expect the symptoms we have now. What will come for us long term because of the chemicals in our bodies. I thought I would be healed after mesh removal. A year later I am having uti’s again and face a second reconstruction in 5 months. chronic back pain, still no sex, and I wonder will even close to normal ever be possible?

  4. Bejah says:

    We know that settlement means that the defendant does not admit guilt, and that there are probably requirements that no discussion of the case or the terms of settlement are allowed. It is a way for them to control bad press and try to keep escalation of the number of cases from continuing, and to do damage control. Settlement in theory saves everyone money and the stress of court but there may be something else that can be a good thing for the plantiff. It may be that it is only when a case goes to trial that the spector of the plantiff’s state of residence taking a large percentage of any puntitive damage award occurs. I am now under the impression that this “tax” may only apply in a trial and not where there is a settlement. In a settlement there is a dollar value that is not identified compensatory and punative so there are not two envelopes on the table, only one. If this settlement money is in part a structured settlement I think that part may not be taxable. The rest which is distributed as a lump sum may be taxable as income. Those of us tying now to educate ourselves about settlement will want to sift through all of this as it may apply to us and the states we live in so that we are prepared when the day comes that we need to discuss it. Since ours are MDL cases we each have the right to still ask for a jury trial and decline settlement but a lot of thought should go into that decision especially if we have a contingency agreement with our counsel. When we think about settlement money we should do what insurance companies do, and what stuctured settlement analysts do and that is divide our probable life span by the number of dollars in the settlement and the probably outside medical and other exceptional costs we may incur in those years to determine (1) If the settlement seems fair, remembering the cost of living esclations we can anticipate, and (2) Our ability to work or otherwise provide for other financial resources. We may want to seriously consider long term care insurance as well. I believe the court can order that part of our settlement be structured and part lump sum so we should be prepared for that. I think also that our counsel faces liability if her or she does not advise us of the options that would best suit our needs so we can expect some mention of all of this. We may be asked to sign a document indicating that we fully understand the options and ramifications of our choices. There is a lot to think about. Buying a new car may not be a very smart move. We do not want to be alone, in pain, and without funds to get needed care in 10-15 years. We can hope, but should not expect that when the mesh is removed all will be well, and live will again be as it was. IMHO there is also the matter of the prolene (petroleum) mesh leaching toxins into our bodies that will impact our physical health in ways that we will learn about over time and long after the material is gone. We simply do not know what will happen. The pain may continue for a time or for a long time. It may come and go. We just have to take it a day at a time and learn to live in what some call “the eternal now”. We should make sure that from now on we think of food as medicine and be mindful of our diets. There is a lot we can do to heal ourselves. We need to rethink what “normal” is and create a new way of living, and a new normal. Longing for our old life will just make us sad, but creating a new life can bring us a sense of creativity and hope. I would like to think that at this juncture the Federal Government realizes that something must be done about the way corporations interact with the medical community and the FDA, and it has become an embarrassment for the Government. I would like to think that now regulations will be strengthened, and the power of the FDA will be enhanced despite the lobbyists efforts. Already physicians are feeling very uncomfortable about accepting gifts from these corporations and are not happy about the new reporting requirements where their relationships with corp. representatives are concerned. Many are not allowing them access to their offices and declining offers they once accepted. Hopefully this is a good sign. Still we must keep up and increase the pressure on our legislative representatives, write letters, do whatever we can. Lets direct our worry and pain and rage into action, into something positive…and continue to have hope.

  5. Bejah says:

    Dear People, So are we all boycotting Johnson and Johnson products? Let’s make sure we know what the product lines are and try to boycott them. That is just one way we can send our message.

    Bejah

  6. Meshmessvictim says:

    These ” Eve” of trial settlements will likey continue for awhile, that is until either a group or global settlement can be worked out. I mean what defense is there after it has been proven the very material used at the core of these torture devices was never meant to be implanted in the human body. Bigger question is HOW is it I could discover that the material used was harmful to human body, yet FDA somehow had no idea. I wrote several letters to FDA, Office of Inspector General and even contacted the Department of Justice. And CR Bard is NOT only manufacture to use these ” poisons” in their devices, THEY ( devices) ALL have very same core ingredients . Enough, we demand safe devices, in the very application sent to the FDA they each claim predicate device ” marlex” as we all know is made from Phillips Sumika polypropylene that was NEVER intended to be implanted in human body. The lid of Pandora’s box has only been cracked, how many more medical devices approved by the FDA have been constructed from material not intended to be inside the human body .? To believe only ONE manufacture used these unsafe materials,is just absurd. And dangerously naive.

    • Bejah says:

      If all of these materials are made of polypropylene (petroleum derivatives) then none of them are safe. They are all toxic. If they are causing you pain or other symptoms now or not they are toxic and must be removed. If they are all toxic they all need to come out and there is no safe application. The use to repair hernias is not safe, and the myth of being “allergic” is a cover…we are all allergic to the polypropylene because it is toxic and will cause problems and probably shorten our lives, make us more susceptible to cancers, etc. If you have had one of these “products” put in your body it is toxic, needs to be removed as soon as possible and those who put it in you should be held accountable. Do not fall for the PR spin by the defendant manufacturers who are now doing damage control.

      • Tee says:

        Does anyone know if the Coloplast TOT ARIS SUI Sling is made of polypropalene? Or, made by Chevron as I have read about the evidence in one of the MDL’s regarding a email found from a CEO of Chevron to the CEO of the manufacturer, stating that this material was not made for human implants and to NOT sale to the medical society as such, what are your comments regarding this and the settlement talks or deadlines? I am a mesh victim since 2010, I have had mine partially removed all but an anchor which was left in my pelvic bone because I was advised it was too dangerious to remove it. I find that hard to understand months later, now that the pain meds have cleared my mind and my research has broadened and educated me further. I am still dealing with UTI’s reoccurring. I deal with foul smelling urine like ammonia. I have groin pain days after attempting very uncomfortable sex with my husband. Will this ever end? Best of all that recovering has to offer, this is my hope for us all. What does not kill us WILL makes us stronger! Stay in the fight, try as we might!

        • Betty says:

          Tee, I don’t know about the Aris Sling exactly. BUT, I do know about SUI sling damage – it seems to me that they are all similar in design. Yes, there is tweaking here or there, but what is really different about the damage that occurs? I have not heard any Dr. specifically address that issue. I know well what you’re describing and it sounds like you have some mesh migrating. I’m tired of anyone that say’s it will stay put – I was told that in September when a piece could be felt – Dr. Raz confirmed this before then. It isn’t there anymore. Since it wasn’t removed in one piece it will be really hard to find . Or worse starting into the urethra, bladder or other organ. I know this too well. Dr. Raz did remove it from my pubic bone, however I will add that it was in 2010 and it still hurts. It also sounds like you have a UTI or another kind of infection going on. I also know that it is possible to get an infection in the bone and Dr. Raz has developed something to scan for that. Polypropylene is the base for mesh – they just add to it with collagen, etc. and change pore sizes etc (details, details). One grand experiment on human kind – depending on which side you’re on – lol. Hang in there. I’m so sorry for all of us going through this . . . and growing.

        • Sherri deis says:

          I had a mesh Coloplast put in about 6 months ago and for a month now my urine smells strongly of amonia is this a sign of my mesh implant going bad? Please is someone can help me with a answer

  7. Sandy says:

    I am one of thousands who had a mesh and had to have it removed. A year later I a, still in pain from nerve damage in my groin where the barb that held the sling I Place was inserted. It has stopped ,from having sex, riding bike, hiking and has cost me to lose jobs. It has changed my life forever. My attorney has not told me yet what my case might be worth. He recently told me he wanted to present my case along with all the others that he has so maybe I could get more money. This mesh thing has caused me so much harm! It has caused me to look at divorce and lose jobs because I am still in pain every day. How much is it worth when some one destroys your life? I can find anyone here in this town to help me.theywant me to go to physical therapy like3 times a week. I don’t have the money for that, I will never be the same. Some one please tell me how much is that worth!!!!!! I would love a man tooth rough what I have. Just one AMS executive to go through what I have! Then tell me again how much is it worth to live in pain the rest of your life!!!

    • Jane Akre says:

      Sandy-

      I am so sorry for what you are going through. No matter what the amount, if anything, nothing replaces good health. I am hoping you can seek out competent medical care in case there is more that can be done for you. Please seek out the best, partial removals tend to leave more damage as we find out on these pages and make full removals very difficult. The Facebook pages and patient comments here outline some success stories with competent doctors. I wish you well in your search and please stay in touch… ja

      • Sandy says:

        Can any one suggest a good pelvic floor doc. I was reading an article on PND and oh my god it was like I could have written it. Finally someone who feels the way I do. Some time my doctor has made me feel like its all in my head and it is not! It’s hard to find doctors here in the Midwest and I don’t have money to go else where. Maybe some day I will finally be able to find help and not live ion pain every day.

  8. Barbara diykes says:

    Hoping you all know that for Johnson and Johnson things don’t look good ,Judge Goodwin charged them with “Spoliiation” (legal term) which the judge believes J&J has almost ZERO documents. Hard drives erased, documents unavailable for employees…to quote the judge “TEN YEARS of Document destruction which has further harmed the Plantiffs. States he will strike every motion and require “default” settlements to all.The Counsel for J&J was on TV begging jury NOT to give Punitive damages. Their irresponsible behaviors are sickening ignoring FDA warning of 2008. Putting dollars before peoples health. Their product had testing on a few rabbits/Hamster?! I just want this 6 year nightmare to come to an end.Maybe I will be able to fly to see my grand children…I sure can’t sit in a car for 355 miles. Our lives have been forever changed. I thought I would be volunteering with rescue shelters/Working with meals on Wheels. But now I have to drink a lot of water to keep UTIs from happening and that means going to the bathroom every hour @ least.My implanting Doctor should be sued…I am a 25 year R.N. so I don’t say that lightly. She had the FDA warning posted but did not mention to me and I was not in a mind set to look at the wall for it.Blessings to you all.I am hoping you know that the Courts are Public Records and you can go on line to check out how things are progressing, bellewethers, OR just google a topic.

  9. Sandy says:

    I saw my doctor today he is referring me to the best medical centre in the upper Midwest. He also told me I should have a personal attorney. Just wondering can I sue someone else, possibly my doctor? How hard is it to do this. He said too I have lost so much, endured so much and he thinks I should have a personal attorney. Any ideas on this any one.

  10. Debi says:

    This week marks the 5th anniversary of my Pinnacle mesh surgery (Boston Scientific). The Dr. Called it “pelvic reconstruction surgery”. I now call it “pelvic demolition surgery”. I woke up in recovery in horrible pain and nothing they gave me could cover my excruciating pain! I am not a wimp-I had three babies without pain meds. I am an LVN who worked 22yrs in postpartum, nursery & L & D . Something was very wrong. I could not tolerate being on my back or bottom. The Dr said “if WE didn’t do a good job it would not hurt”!. No sympathy, just poo-pooed my telling him I was in so much pain. In medical charting the rule is if it is not charted it does not exist. I was also having radiating pain in my legs, mainly the right, this has affected my gait, and is still plaguing me to this day. 5 years of chronic pain is something I struggle with 24 hours a day……. Had a specialist in San Fran remove as much of the mesh as was possible, a year and a half ago- she said she did a lot of dissecting – half of the mesh is still in me. I have gone back 5 times for pain injection into my Vag. Only giving short lived relief. I feel depressed over how my lif e has been altered. No sex, feel clumsy do to neuropathy to legs. I am not the same person I was before the mesh. I can no longer do my job. Feel useless……. I pray the mesh kit become outlawed! No woman should go through this.

    • Jane Akre says:

      Debi- Do you have access to a doctor who understands what’s going on? Where are you located? Thank you~ ja

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