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.
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.
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.
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.
C.R. Bard – MDL #2187 here
Jones v. Bard Document #392