C.R. Bard Transvaginal Mesh Trial Continued – The Final Case in this Bellwether

//C.R. Bard Transvaginal Mesh Trial Continued – The Final Case in this Bellwether

C.R. Bard Transvaginal Mesh Trial Continued – The Final Case in this Bellwether

Anonymous woman, WikiCommons

Anonymous woman, WikiCommons

This will be the third time the case of Carolyn Jones v. C.R. Bard has had a trial date moved in the federal litigation taking place in a courthouse in Charleston, West Virginia.

Each of six manufacturers will face four bellwether trials agreed to by both the defense and plaintiffs.  In this case, Carolyn Jones, the last bellwether trial naming defendant mesh maker C.R. Bard, was chosen by the defense.  Her original trial dates were November, December then January 10.

Dr. Donald Ostergard. expert witness

Dr. Donald Ostergard. expert witness

According to Exhibit #392 filed in the Jones case, an expert witness in her case, Dr. Donald Ostergard, had to attend to a family emergency in California and could not be in the West Virginia courtroom.

No trial date has been set, reports the court.

Jones is a resident of Tippah County, Mississippi who is suing C.R. Bard of Murray Hill, New Jersey and Covidien/ Sofradim, a Delaware company. Bard was using mesh products made by Sofradim when Mrs. Jones was implanted in August of 2008 with the Bard Avaulta Synthetic Support System, 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.Bard Avaulta from website 200

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 and loss of consortium for her husband. She is asking for punitive damages.

Judge Joseph R. Goodwin, Charleston, WV

Judge Joseph R. Goodwin, Charleston, WV

When and if the Jones case ever goes to trial it will be the second case against Bard heard in this federal court.

The first trial of Donna Cisson v. Bard resulted in a $2 million verdict for Ms. Cisson. Of that amount $1.75 million was awarded for punitive damages and the jury found that the Avaulta transvaginal mesh she received was a defective product. See background story here.

The second case of Wanda Queen settled in her favor for an undisclosed amount. The third case was dismissed by the plaintiff.

At this writing, there are 43,372 product liability lawsuits are consolidated in one court before Judge Goodwin naming six mesh manufacturers.

Ethicon is the next major mesh manufacturer to face plaintiffs in four bellwether cases. The first Ethicon trial has been set for February 10.

Learn More:

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

C.R. Bard – MDL #2187 here

Jones v. Bard Document #392

Bard Exhibit #392 Motion for Continuance Carolyn Jones January 8, 2014


By | 2014-01-09T18:06:50+00:00 January 9th, 2014|Legal News|9 Comments

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.


  1. jade January 9, 2014 at 6:41 pm - Reply

    UNbelievable! No reason given. No hope for victims. “I do believe they’ve trapped us boys.” – Jakob Dylan


    All victims should listen to this song and weep – “I do believe they’ve trapped us “women” and we will NEVER see the truth or the light again. What’s the old saying “You can’t fight City Hall – well, we can’t fight an industry worth trillions of dollars and win. We will ONLY be disappointed and humiliated. Our implanting surgeons are still enjoying their plush homes, their lavish vacations and their notariety. What did Dr. Ross say – “Those sheep are expensive.” – aka – women are much cheaper to experiment on.

    • Jane Akre January 9, 2014 at 8:32 pm - Reply

      Jade- I just added additional information.. Court document #392 says her expert witness, Dr. Donald Ostergard, had a family emergency and had to go to California. That’s the reason for the continuance. It’s all in the above document which is linked! Thanks so much.

  2. Debbie January 9, 2014 at 6:53 pm - Reply

    Thanks for the report!

  3. Karen November 25, 2014 at 11:50 am - Reply

    I have had 5 total surgeries due to the Bard Avauta Mesh. I will be affected by this the rest of my life. My law firm does not tell me anything re; my lawsuit. I am discouraged to say the least in this being resolved in my lifetime. Will it???

    • Jane Akre November 26, 2014 at 1:45 pm - Reply

      I believe law firms have an obligation to stay in touch with their clients especially when there is the internet… its not difficult. They probably assume it can be used by the other side, which is true. But there is no excuse not to get on the phone in my opinion. I assume they will have no trouble communicating with you when it’s time to divvy up the settlement monies!

  4. Karen November 25, 2014 at 11:53 am - Reply

    I have had 5 surgies due to the Bard Avauta mesh. It has and will affect me the rest of my life. My law firm does not communicate with me. Will this ever be resolved in my life time?

    • Jane Akre November 25, 2014 at 3:57 pm - Reply

      Karen- it is inexcusable that your law firm does not communicate with you.

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