Federal Decision Allows for Puntitive Damages in Transvaginal Mesh Complication Lawsuit

Thousands of women have received a transvaginal mesh manufactured by C.R. Bard in an effort to repair their pelvic organ prolapse or stress urinary incontinence. Unfortunately, these meshes have caused serious vaginal complications and lawsuits filed against Bard allege that the manufacturer knew about these complications, but failed to warn its customers and doctors performing the surgery. Hundreds of these cases have been consolidated in multidistrict litigation in the U.S. District Court, Southern District of West Virginia. On June 4, 2013, the Judge overseeing this multidistrict litigation, denied C.R. Bard’s motion to dismiss plaintiff’s punitive damages claims against the company. As a result, it is possible for plaintiff’s injured by C.R. Bard’s devices to recover punitive damages.