Jones Transvaginal Mesh Trial Rescheduled Again

//Jones Transvaginal Mesh Trial Rescheduled Again

Jones Transvaginal Mesh Trial Rescheduled Again

aaBard Avaulta mesh miklos and mooreAnother Rescheduling in the last bellwether trial against C.R. Bard

It appears that the Carolyn Jones product liability trial naming C.R. Bard has been cancelled for a third time. Originally scheduled to start December 3, Tuesday, Court Order #380 states there will be a Pretrial Conference Thursday, January 9 at 1 pm and a trial January 10, 2014 at 8:30 am.

The last trial of Wanda Queen settled the morning it was to begin after court convened in expectation of a trial. The trial of Linda Rizzo was dismissed a month before it was set to go to trial in October. Rizzo was required to pay C.R. Bard in excess of $14,000 for its trial preparation costs.

What do we know about Carolyn Jones?

Carolyn Jones is the last in the four bellwether cases naming mesh manufacturer C.R. Bard. Her case 2:11-cv-00114 was filed December 7, 2010.

Jones is a resident of Tippah County, Mississippi.  She is suing C.R. Bard of Murray Hill New Jersey and Covidien Inc. d/b/a Sofradim Production, a Delaware corporation with its principal places of business in Mansfield, Massachusetts.

On August 26, 2008, she was implanted with the Bard Avaulta Synthetic Support System, made by both C.R. Bard and Covidien during a surgery performed by Dr. David Williams at Baptist Memorial Hospital in New Albany, Mississippi. At the time she suffered from pelvic organ prolapse. During the surgery she also received a Bard Align sling to treat incontinence.

According to Court Document #151, Justin Winn, Dr. Williams’ Bard representative was present almost every time the doctor implanted the product.

Jones filed a product liability claim alleging strict liability, negligence, breach of warranty, loss of consortium for her husband. She is asking for punitive damages.

In the first Bard bellwether case of Donna Cisson last July, the jury awarded her  $250,000 in compensatory damages and $1.7 million in punitive damages. See background story here. The Wanda Queen case settled for an undisclosed amount.

Update* The Jones case settled in April 2014 for an undisclosed amount as trial was scheduled for May 2014. Here is the dismissal order.

Learn More:

Bard Jones Exhibit #380 Court Order rescheduling Jones Trial to January 10 2014

Bard Exhibit #151 Jones Pl motion for Partial Sum Judgment based on Bards Affirmative Defenses



By |2013-11-26T16:55:15+00:00November 26th, 2013|Legal News|1 Comment

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

One Comment

  1. jade December 2, 2013 at 11:56 am - Reply

    First, it is reasonable to assume that Counsel for both parties do NOT want to work over the Holidays. Second, it is UNbelievable that the manufacturer sales reps are present at the implanting surgeries. Possibly even “directing” the implanting physicians as to “what” kits should be implanted. This is a frightening thought as sales reps are not experts in anatomy – nor, do they consider the consequences of implanting their “inert” polypropylene kits into a living, breathing human being. Are not the hospitals also liable in allowing these sales reps into the surgical suites without the knowledge or consent of the patient? Is there not secondary liability on the part of the hospital, as well as the manufacturer and can the hospitals be joined in the lawsuit for allowing these reps to direct the doctors?

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