Doug Small | February, 03, 2016
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The first trial against two manufacturers of transvaginal mesh products has ended in a verdict for both companies.
The jury in the 16th Judicial Circuit Court in Jackson County, Missouri, which began hearing opening statements in the trial on Dec. 2, found that both Boston Scientific Corp. and C.R. Bard Inc. weren’t liable for plaintiff Eve Sherrer’s injuries. Sherrer’s case is one of 70,000 lawsuits filed against seven companies alleging their mesh devices, which are surgically implanted to treat urinary incontinence and pelvic organ prolapse, have caused pain and subsequent surgeries to remove them.
The verdict is a big win for Bard, which lost a $5.5 million verdict in its only other trial in 2012. Boston Scientific previously has won some trials, but its losses involved some of the largest verdicts to come out of the pelvic mesh litigation, ranging from $18.5 million to $100 million.
“We believe the jury reached the right decision based on the facts and the law,” wrote Boston Scientific spokesman Tom Keppeler in an email. “We are pleased with the verdict.”
Boston Scientific was represented by Robert Adams, a Kansas City, Missouri, partner at Shook, Hardy & Bacon.
A Bard spokesman and its attorney, Lori Cohen, chairwoman of the pharmaceutical, medical device and health care litigation practice at Greenberg Traurig in Atlanta, did not respond to a request for comment.
The case centered on the alleged defective design of Boston Scientific’s Solyx device and Bard’s Align product, according to Courtroom View Network, which videotaped the trial. Plaintiffs attorneys Tom Wagstaff of Wagstaff & Cartmell and Grant Davis of Davis, Bethune & Jones, both in Kansas City, did not respond to a request for comment.
Read more: http://www.nationallawjournal.com/id=1202748657507/Pelvic-Mesh-Trial-Ends-in-Defense-Verdict#ixzz3z8KRmq9d