As of this writing, pelvic mesh maker C.R. Bard is facing 9,234 product liability cases filed in federal court in Charleston, West Virginia.
Multidistrict litigation involving transvaginal mesh filed in the federal West Virginia court also lists Covidien alongside C.R. Bard as a defendant. Covidien is a Dublin-based company that has two subsidiaries that make pelvic mesh products and supplies them to C.R. Bard.
Now, according to a July Securities and Exchange Commission report, Covidien plans to take $180 million from third quarter profits to pay the costs associated with those lawsuits. Generally that spells settlement, but it could mean monies that will go to defend itself in upcoming product liability lawsuits. Covidien also agreed to indemnify the maker from certain claims.
Indemnify means to compensate the party for its losses or to guarantee it will cover damages in the future. See the legal definition here.
The $180 million charge reportedly came after discussions with plaintiff attorneys concerning settlements.
At the present time, 200 C.R. Bard lawsuits are reportedly being prepared for trial in West Virginia sometime in 2015. This does not include the many lawsuits filed around the country in state courts.
Bard Cases so Far
In the 2012 Bakersfield, California case of Christine Scott, Bard and her implanting physician were ordered to pay a $5.5 million damage award to Scott.
In Charleston, West Virginia, the Donna Cisson case yielded a $2 million award to the mesh-injured woman last year and the second case of Wanda Queen was settled for an undisclosed amount before it ever went to trial. The third case of Linda Rizzo was dismissed by the Plaintiff.
Covidien is reportedly poised to be purchased by medical device giant Medtronic Inc, according to the company’s third-quarter report. #
Mesh News Desk – Donna Cisson v. C.R. Bard
Mesh News Desk – 2nd Bard case – Carolyn Jones v Bard case continued
Mesh News Desk – Wanda Queen case- day one
Mesh News Desk – Settlement in Queen case
Mesh News Desk – Rizzo drops Case Pays Attny Fees
Southern District of West Virginia
SEC Report July 11, 2014
Reuters, July 11, 2014, Covidien Charge