Jury Adds $35 Mill in Punitives Making McGinnis v CR Bard $68 Mil

//Jury Adds $35 Mill in Punitives Making McGinnis v CR Bard $68 Mil

Jury Adds $35 Mill in Punitives Making McGinnis v CR Bard $68 Mil

Mesh Medical Device News Desk, April 13, 2018 ~ Friday, April 13, became somewhat of a lucky day for mesh injured plaintiff, Mary McGinnis in her product liability pelvic mesh case against C.R. Bard. 

After deliberating most of today, the five men, three women jury added $35 million of punitive damages to her compensatory award of $33 million, delivered yesterday.

A punitive damage award is meant to send a strong message to the defendant, in this case C.R. Bard of Murray Hill, New Jersey, to punish it for its behavior. Jurors award punitive damages after they listen to the evidence. In a sense, it is their way to weigh in on what they’ve heard. 

If allowed to stand, this becomes the largest compensatory and punitive award to any plaintiff so far in this transvaginal mesh litigation, after two other larger awards were reduced by the trial judge. 

The punitive phase of the Mary McGinnis v Bard case was being deliberated in a Bergen Co. NJ courtroom where Thursday jurors decided both Avaulta and Align, used to treat incontinence and prolapse, were defective in their design.

Jurors also agreed that the warnings concerning possible risks with the devices were insufficient.

There are about 150 other product liability lawsuits naming CR Bard waiting to be heard in New Jersey.

As of January of this year, there were more than 15,000 defective product lawsuits against CR Bard filed in multidistrict litigation (MDL) in Charleston, West Virginia.

Bard tells Bloomberg it plans to appeal and is disappointed with the outcome.

Mary McGinnis and Thomas Walsh McGinnis v. C.R. Bard Inc., et al., case number BER-L-17543-14.


Punitive Phase in McGinnis

In previous pelvic mesh trials, often punitive damages awarded may be as high as two-thirds the amount of the compensation.

In the case of McGinnis, the jury decided to exceed her compensatory award of $33 million for pain and suffering from the two Bard-made polypropylene mesh implants and the effects she still lives with.

Scales of Justice, WikiCommons

In the case of Mary McGinnis, Thursday, a Bergen County New Jersey jury of eight awarded her $23 million in compensatory damages and another $10 million to her husband for loss of consortium.

In trials so far, plaintiffs have received jury awards 25 times, versus 7 wins for the defense.

The highest amount any jury awarded an injured patient was $100 million to Deborah Barba, in her case against Boston Scientific over a Pinnacle and Advantage mesh implants in May 2015.

The Hrymocs, North Jersey dot com

Soon afterward, in October 2015, a Delaware judge slashed the Barba verdict to $10 million saying it was “grossly disproportionate to the injuries suffered and shock the court’s conscience and sense of justice.”  See MND story here. 

So much for the jury system of justice.

Then $73.46 million was awarded to Martha Salazar over her Boston Scientific Obtryx by a Dallas jury in September 2014. That amount was later reduced by the judge due to tort reform caps to $34.6 million.

Of the original award, $50 million had been punitive damages. See MND story here.

Ella Ebaugh was awarded $57 million by a Philadelphia jury last September due to injuries from the TVT and TVT-Secur implants made by Ethicon.

See MND story here. Of that award, $7.1 was for compensatory damages and $50 million in punitive damages.

In December in Hrymoc v Ethicon was awarded $15 million with $10 million in punitive damages. See MND story here. 

Of course, no mesh injured woman will tell you that any monetary compensation of any amount is worth her health.   ###


MND, Trials so Far, The Tally   

MND, March 13, 2018, McGinnis Pelvic Mesh Trial Against Bard to Start Monday

MND, March 21, 2018, McGinnis v CR Bard ~ What We Know from Past TVM Trials

MND, March 26, 2018, McGinnis Defective Mesh Trial Naming CR Bard Continues in NJ Court

MND, March 31, 2018, McGinnis Ends Testimony in Bard Transvaginal Mesh NJ Trial

MND, April 3, 2018, McGinnis Recounts Pain from CR Bard Pelvic Mesh

MND, April 9, 2018, McGinnis NJ Transvaginal Mesh Case to Close Today

MND, April 12, 2018, * Breaking McGinnis Pelvic Mesh Trial $33 Million for Plaintiff, Punitive Phase Ahead

MND, April 13, 2018, * Breaking Jury Adds $35 Million in Punitives Making McGinnis v CR Bard $68 Million


By | 2018-04-16T14:23:59+00:00 April 13th, 2018|News|11 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. Anon April 13, 2018 at 5:25 pm - Reply

    The awarded damages via or delivered by jurors just gets better and better.

  2. Anon April 13, 2018 at 5:33 pm - Reply

    Our voices are being heard loud and clear in the court room.

  3. Just me April 20, 2018 at 3:02 am - Reply

    I have noticed comments in the past, of States including Georgia of taking 75% of law suit settlements. Does that include smaller settlements, where attorneys etc take their portions, then the State takes theirs. What is left?

    • Jane Akre April 20, 2018 at 3:10 pm - Reply

      In Georgia it is 75% of a punitive award. So you don’t want your defective product case heard in Georgia!!!! It is supposed to be an incentive to settle under the Georgia Tort Reform Act! (Tort Reform is NOT in your interest if you are injured…be careful of those scare tactics and name-calling “ambulance chasers” “runaway juries” voiced by big industry that wants to stay big). Did you know bar associations prevent lawyers from showing up at an accident scene? Insurance may be there, but not lawyers to that name doesn’t even make sense. More on punitive damages here:

  4. Just me April 20, 2018 at 3:54 pm - Reply

    Thank you, You Are The Best.

  5. squeekywheel April 23, 2018 at 12:13 pm - Reply

    I’m happy things are moving forward with Bard cases. I understand the court is sending a ‘strong message’ to Bard to get serious with their settlements. While I’m NOT negating McGinnis was injured, nor deserves a fair settlement…. I’m concerned at the AMOUNT that was rewarded to ONE individual. I’m concerned these companies run out of money, file bancruptcy – THEN WHAT? There are still women out here who’s VOICES NEED TO BE HEARD!

    • Still Standing April 25, 2018 at 11:03 pm - Reply

      Bard has been settling cases since 2015. Go to the charleston, WV federal court, click on Bard MDL, and you will see the names of many law firms that have entered settlement agreements since Sept. 2015.

  6. Mimiboops April 30, 2018 at 2:23 pm - Reply

    …….And all of those settlements are pennies on the dollar less than what this plaintiff received I am certain!!! Makes me so mad

  7. Way2be May 14, 2018 at 12:04 am - Reply

    This docu cbs report gave Boston Sci huge income from all its other sales objectives. I wouldn’t be too worried about any of them going broke. They are underwritten by insurance companies. Ha! That’s grand isn’t it.
    I might not have the rent in six months. They can throw a couple of mil my way. Lol

  8. Judy May 14, 2018 at 10:55 am - Reply

    I do not understand how our America can stand by and allow mesh to destroy so many life’s and that includes many men and women. You do not even know the damages immediately and that the pain is so real and men loss their manhood and their partners give up their jobs to help their partner. Two lives have changed and they put a statue of limitations that you even don’t know your future and the long consequences. Later if you are lucky you find a doctor who is willing to remove the mesh so a person does not lose their mind but you still will always have things that go wrong. This is no different than ignoring the people in Flint MI who had to drink all of the water that the government knew about and lives will be destroyed. I could write a book on what mesh does to a person and some corporations and manufacturers continue to make the large dollars while you no longer have a live but an early death. WHAT IS WRONG WITH DOCTORS WHO EXCUSE THIS AND COMPANIES AND MANUFACTURERS JUST IGNORE IT ALL BECAUSE IT DID NOT HAPPEN TO THEM OR THEIR FAMILY.

    • Jane Akre May 14, 2018 at 12:31 pm - Reply

      The old adage is true- Follow the Money trail…. it never lets you down.

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