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C.R. Bard Wants $14k from Linda Rizzo Over Dismissed Transvaginal Mesh Lawsuit

Bard Avaulta from website 200Mesh maker C.R. Bard, of Murray Hill, N.J., wants  to recoup its legal costs in preparing to defend itself in the recently dismissed Bard Avaulta Plus lawsuit filed by Linda and Ronald Rizzo.

Rizzo dismissed the case without prejudice September 13 after experiencing some problems with an expert witness. The case was dismissed 25 days before its scheduled trial date of October 8.

Mass Device reports on the incident here.

Costs and Attorneys’ Fees

Bard requested attorneys’ fees and costs “that it unnecessarily incurred in preparing this case for trial prior to Plaintiffs’ last-minute voluntary dismissal of their case.” Bard claims due to the dismissal, federal rules dictate that Bard becomes the prevailing party in this lawsuit and deserves to be awarded reasonable attorneys’ fees (Rule 54 (d) (1).

In this case Bard includes an itemized Bill of Costs totaling $14,096.42. (See the invoice below.) Bard #360 Motion for Attny fees

The Linda Rizzo case was included to be one of the bellwether cases and Bard says it spent significant resources to conduct discovery which included deposition of Plaintiffs, treating physicians and fact and expert witnesses. Attorneys for Bard have spent many hours preparing for the trial including Ms. Rizzo’s voluminous medical records (4,230 pages), according to the motion.

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

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

Bard complains the Plaintiffs have not provided a full explanation for the dismissal of the case. Cohen writes:

“Bard has reason to believe that Plaintiff’s dismissed Rizzo because one of their urogynecology expert witnesses failed the first-ever examination for board certification in the subspecialty of Female Pelvic Medicine and Reconstructive Surgery, the results of which were announced on August 26, 2013.”

(The subspecialty was established in 2012 and June 2013 was the first ever board certification overseen by the American Board of Medical Specialties.)

Cohen writes the plaintiffs knew the doctor might not pass the test to describe himself as a “board-certified urogynecologist.

The motion was written by Lori G. Cohen of Greenberg Traurig, LLP. Cohen is the same attorney present for the Donna Cisson trial.

H. Garrard leaving federal court Charleston WV, July 2013

H. Garrard leaving federal court Charleston WV, July 2013 

Rizzo’s attorney Henry Garrard argues  in Bard #361 Response to Fee Request, filed October 11, that Bard is not the prevailing party under Rule 54(d), “a voluntary dismissal with prejudice does not confer prevailing party status on the other party.”

Garrard cites the fact that the Queen case was settled by Bard on the eve of the proceedings and the plaintiffs did not seek fees.

Therefore it is both self-congratulatory and unfair for Bard to contend that it should be awarded its costs as the “prevailing party” when it has achieved the very same outcome as it did voluntarily in the immediately preceding bellwether case.”

According to her complaint filed in December, 2009, Rizzo was implanted with the Bard Avaulta Plus Anterior and Posterior BioSynthetic Support System by Dr. Henry Kaminski at Community Memorial Hospital in Menomonee Falls, Wisconsin to treat pelvic organ prolapse.

Her lawsuit, filed December 29, 2009 is a multicount action for negligence, design defect, manufacturing defect, a failure to warn, breach of express warranty, breach of implied warranty, loss of consortium for husband Ronald, and punitive damages.

Bill of Costs Linda Rizzo case:

Bard bill of costs in Rizzo case  600

 

10 Comments

  1. Insult to Injury!!!!! Let me get this straight… The defense wants to be compensated for legal expenses? Now remember this is after the Court learned these devices were manufactured from material never intended to be implanted in the human body. Why is CR Bard NOT facing Criminal Charges at this junction in the trials? Where is the Justice?

    • Bejah Notrettu says:

      Didn’t you hear? In the middle of the night the Constitution of the United States was changed to read “of, for and by the corporations”. The real purpose of this is to scare the rest of us, to psychologically and spiritually wound us. In hundreds of years past, the attacking forces would enter the country they planned to conquer and the first thing they did when entering a village or city was destroy the churches to destroy the faith of the people and leave them feeling frightened and without hope. The second thing they would do before setting fire to the villages was rape and murder the women. This is BARDs underlying tactic. It is also illustrative not of fair play, but of pure evil. Do not let them intimidate you. The more it works for them, the more they will do it. Mrs. Rizzo will be defended and more importantly she is an innocent and is watched over by angels. Remember, these defendants do not need $14K, they want a reaction from us, they want us to run and hide, to die, to get out of their way. Let’s get “in their face” instead.

  2. jade says:

    FYI: I’m available to make copies and my fee is REALLY reasonable! That’s Cohen’s MO – she’s on top of her game! Observers have said you can see a trail of smoke following her anywhere she goes. Back to Bogart –

    “Play it again, Sam.”

  3. George says:

    Thanks Jane!

    The $14k bill I hope is just 1% of the total settlement cost for Ms. Rizzo and her legal team.

    In the insult to injury department is the idea that reaching a settlement is a win for BARF – oh I mean Bard!.

    prevailing party n. the winner in a lawsuit

    G

  4. Betty says:

    Absolutely ridiculous, and not shocking. If BARD gets its way, they will point to this to say they did nothing wrong. Though they have lost 2 cases so far. It’s called statistics and they can be used in anyway to show what a person or corporation wants to be seen. They are often expressed in percentages. Yes there should be criminal charges. Yes, they are guilty. Justice should be blind, however it does still seem to go to the side with the most money. This translates to the most power. It is a sad state of affairs. Greed is what is wrong in our country. It is going to take a lot to change the way so many are thinking in our country and others. I met a nurse who had the “new mesh” implanted in 6 months ago. She works in an office where injured women are seen every day. She felt the risk was worth it. I just shook my head at her and told her “I just can’t believe you did this”. She said incontinence was too inconvenient. So I told her I hope it stayed in place and she didn’t have any autoimmune problems from it. She wasn’t fazed. She’s heard it before. The Dr.’s are peddling a product that “itching ears want to hear”. We have bought into young and sexy is the way to go. Convenience and easy are the hallmarks. Mesh requires 3 less years of training. Cutting corners has always lead to destruction. So here we go again. I am praying for justice to be served. Losing one’s life over incontinence is insane!!! What women are signing off on now is just plain unbelievable.

  5. ann onomus says:

    If any court gives any mesh making company they need to go to prison with all that put this mesh out, knowing what damages women had to face for the rest of their life. What they did was criminal just like murder is, and they should spend their life in prison for the rest of their life, .They say ins that paid for the surgery of implanting mesh, are going to take their share too. A grave wrong to what the women have suffered and will suffer till their last breath.

    The right thing to do is to hunt some of these doctors down that also need to go to prison for life and get all the money they were paid back from those guilty and lied to women, destroying their life .

    They also need to move right now, and make funds available for women to get to doctors that will not lie to them and know what they are doing removing the mesh. NOW AND ANY JUDGE OR JURY ALSO IF THEY KNOW RIGHT FROM WRONG, WOULD SAY, THE WOMEN HAVE SUFFERED ENOUGH AND HAVE BEEN TREATED CRUEL, WORSE THAN ANIMALS SOME HAVE GONE THROUGH HELL AS THEY TRIED TO COVER UP THEIR CRIMES AGAINST WHAT THEY DID IN MEDICAL AND COMPANIES, THE WOMEN HAVE SUFFERED ENOUGH.

    JUDGES AND ATTORNEYS SHOULD PUSH THE COURTS TO TELL THESE COMPANIES TO MAKE AVAILABLE FOR THESE WOMEN THAT NEED FUNDS TO GO OUT OF STATE AND BRING SOME CLOSURE TO THEIR SUFFERING NOW, NOW , NOW , NOT A YEAR FROM NOW , OR 2, 3, 4, YEARS. THESE WOMEN NEED FUNDS TO GET OUT OD STATE, AND MONEY TO PAY SOMEONE TO GO WITH THEM, SOME WOMEN HAD MONEY TO GO OUT OF STATE TO GET TO THOSE DOCTORS, SO MANY HAVE SUFFERED SO LONG, OR PUT THE LYING MURDERERS IN PRISON FOR LIFE.

    NOT 1 PENNY EXCEPT TO PAY ATTORNEYS SHOULD BE TAKEN FROM ANDY MONEY WARDED TO INS, STATE OR MEDICARE, GET THE MONEY FROM THE GUILTY THAT DID THESE CRIMES TO WOMEN.. SINCE STATES SUPPORT MEDICAL HUMAN GUINEA PIGS WITHOUT TELLING HUMANS THEY ARE BEING USED BY THOSE WE ARE SUPPOSE TO TRUST.

    but they cover for those big chemical companies for favors, find out what people in washington, these companies pay off senators , congressmen and more, for campaign funds and more. They should lose every penny they made on mesh to the women. a man that served in war said the other day, it is legal murder in america, by those in power and you cannot do a thing about it.

    teh judges need to stop the suffering of the women with mesh, and tell the companies to set funds up for the women to get some closure , now, , let the trials go on, but the women need help now the mesh has moved into body parts, this should have been done by those doctors that put the mesh in, also didn’t care..

  6. ann onomus says:

    JANE, since you know so much about courts , and more, and women have given advice on mesh, doctors, what to do and more. What do you think about the women that were told to stay off internet and not say anything after they could get no information from doctors and more about what the mesh was doing and went through surguries, even trying to get mesh removed and attorneys lying to them also.

    qwe found out on internet the doctors and more of what other women have done to help, and then treated more cruel by attorneys lying to them only getting information, and dropping them, provoking more anger, shouldn’t all judges be aware of some women attorneys are corrupting courts and their oaths of attorney to clients in mesh cases to help mesh companies not pay out as they should to some women. I DID NOT SAY ALL I SAID SOME, WHY ARE THEY PROVOKING SOME WOMEN TO ANGER . ALSO BEING TOLD THEY HAVE TO GET SOMEONE IN THAT STATE THEY ARE NOT FROM TO REPRESENT THEM?

    HOW ABOUT WOMEN TELLING ON INTERNET THOSE ATTORNEYS THAT ARE TREATING THE WOMEN LIKE HUMANS ALSO AND ANSWERING THEIR QUESTIONS , NOT PROVOKED.these women that have suffered , not those that have not, should have america’s best representing them not the cons like some are. ARE THEIR ANY TRULY TRUTHFUL AND HONEST ATTORNEYS IN AMERICA THAT WOULD TELL THE TRUTH NOT PLAY MIND GAMES LIKE CONS. TO MANY BOUGHT OFF AT PEOPLE’S SUFFERING BECAUSE OF RICH BEING GREEDY. IS IT TRUE THAT THE WOMAN DROPPED HAS TO GO BACK TO THAT STATE FOR ATTORNEY KNOWING HOW SOME LYING FOR COLLEAGUES. .

    SOME LAWYERS AND LAW FIRMS NEED TO BE THE ONES TREATED LIKE ANIMALS, ANIMALS CANNOT SPEAK, AND GET HELP LIKE i AND OTHERS HAD NO CHOICE BUT TO TRUEN TO INTERNET. i can speak but they said that was reason at first why I was dropped. these need to be put behind bars and never let out they are dangerous to humans in their profession.

    I WANT TO CUSS BUT WOULD HOLD MY PEACE.

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