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Appeals Court Upholds $3.61 Million Transvaginal Mesh Verdict

By Rheingold Giuffra Ruffo Plotkin & Hellman LLP

A California appeals court upheld an award of $3.61 million against C.R. Bard in a transvaginal mesh case. The Plaintiff received the Avaulta Plus transvaginal mesh implant in 2008 to treat pelvic organs prolapse and stress urinary incontinence. Her mesh subsequently eroded and she underwent surgery to remove the device. The complaint alleged Plaintiff underwent nine surgeries because of the device.

In July 2012, the jury found Bard was negligent and awarded the Plaintiffs $5.5 million in damages. Since the jury found Plaintiff’s surgeon, a nonparty, was 40% at fault, the trial court reduced the award to $3,610,000.

Bard appealed the ruling, arguing the negligence theories submitted to the jury were erroneous as a matter of law and that the verdict was not supported by substantial evidence. Bard also argued that it was denied a fair trial due to the admission of evidence of post-surgery events, attorney misconduct and juror misconduct. The Plaintiffs also appealed the reduction of the award. The award was upheld against both appeals.

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