A U.S. District Judge in West Virginia declared a mistrial in a CR Bard Inc. vaginal-mesh product liability case because a witness’s testimony broached a subject that the judge had ruled could not be divulged during the trial.
The mistrial was called after a Tampa, Florida gynecological expert mentioned that Bard had withdrawn their vaginal mesh product last year. The federal judge had ruled that the plaintiffs could not mention the company had withdrawn the devices.
The federal judge called the mistrial because he believed the jury would not be able to disregard what it had heard during the expert’s testimony.
This setback comes on the heels of information that Bard used a resin-based plastic in its mesh devices that the manufacturer, Chevron Phillips Chemical Co., expressly said should not be used for human implants. Lawyers for the plaintiffs injured by the vaginal mesh devices allege that an executive at Bard’s Davol Unit, the subsidiary responsible for the vaginal mesh products, went so far as to urge that others in the company to cover-up that Davol was using the Chevron Phillips plastic for medical applications.
According to Bloomberg News, a 2007 safety data document released by Chevron Phillips concerning its Marles polypropylene product clearly stated, “Do not use this…material in medical applications involving permanent implantation in the human body or permanent contact with internal body fluids or tissues.”
Attorneys for the plaintiff in the mistrial case allege that Bard used that plastic for its Avaulta vaginal mesh devices anyway, and that the defective vaginal mesh caused their client’s pelvic and rectal pain, bladder spasms and internal bleeding. The plaintiff eventually had to have corrective surgery to remove the mesh.
It has not been stated when the case will be retried.
Have you suffered an injury due to a vaginal mesh implant? The vaginal mesh injury attorneys at Farah & Farah in Jacksonville would like to discuss your case. Call us at (800) 533-3555 or contact us online to discuss your legal options.